Woman’s sentence upheld by appeal court
The conditional discharge given to a Mayo woman who stole more than $8,000 from her employer was appropriate, the Yukon Court of Appeal has decided.
The conditional discharge given to a Mayo woman who stole more than $8,000 from her employer was appropriate, the Yukon Court of Appeal has decided.
Teresa Samson, 35, was granted the discharge, which leaves her with no criminal record, and one year of probation last summer.
The Crown appealed that sentence, arguing it was unfit.
The appeal court judges disagreed following a January hearing in Vancouver.
“In the case of Ms. Samson, the sentencing judge was convinced that the entry of a conviction against her may have significant adverse repercussions in light of the possibility of her running for a position on her First Nation’s council,” wrote Chief Justice Robert Bauman in the three-judge panel’s decision, released Tuesday.
“That possibility was sufficiently real in the circumstances to satisfy the first condition for a discharge.”
The First Nation of Na-Cho Nyak Dun’s Elections Act doesn’t allow anyone with a criminal record for theft to run.
Samson stole $8,300 from the Mayo ambulance service from February 2011 to September 2012 when she was an employee there.
Before that, she worked for the First Nation, but was let go from that job in 2010.
“This took a heavy toll on her, and she began to self-medicate with illicit drugs,” the court of appeal decision states. “She attributes her criminality to this breakdown.”
When Samson’s employer found out what she’d done, she accepted responsibility and repaid $1,600 less than a week later.
She co-operated with the RCMP, entered a guilty plea and had repaid all the money by the time she was sentenced last summer.
By that time, she’d also been clean of illicit drugs for 18 months.
Samson has also enrolled in a four-year First Nations governance degree program at Yukon College and gotten a job in the Na-Cho Nyak Dun’s housing and wellness departments. She has expressed interest in running for council, the decision says.
A mother of two, Samson has no prior criminal record.
At the time of sentencing, Judge Michael Cozens noted her remorse and that she’s at a low risk of reoffending.
Cozens said a jail sentence is typical for a breach-of-trust theft, but this was a “rare and exceptional” case where a discharge was appropriate.
“Having regard to the particular circumstances of this offence and this offender, the sentence is not a substantial and marked departure from the range established by previous decisions,” the appeal judges said.
Comments (8)
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oh wow on Mar 10, 2015 at 8:40 pm
Yukon College doesn't offer a 4 year degree program only a certificate for first nations governance. So actually it must have taken 4 years part time to complete her certificate.
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Concerned citizen on Mar 10, 2015 at 1:44 pm
I am appalled that some other government can make decisions for FN government and it stays! The decision made by the courts should not have a say in what the FN has in their laws! Boy what's this world coming to! A real role model for the youth to see!
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Frank Michigan on Mar 8, 2015 at 12:05 pm
I try to not break laws because the court would not likely feel sorry for me.
People need to take responsibility for their actions. I am stealing $8000 and it's not right and I could go to jail. Maybe I will take responsibility if I get caught and blame it on drugs or alcohol.
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Bobby Bitman on Mar 7, 2015 at 6:14 pm
This case looks a lot different from most cases of theft and breach of trust. I agree with the sentence. What she did was very wrong, but she paid back every dime and went back to college to be able to serve her community. I wish her continued success in her efforts to have a productive life.
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Bonnie on Mar 7, 2015 at 2:20 pm
No shame at all, no criminal record but pleaded guilty, she is still guilty and she still needs to earn her trust back from the community. Do the right thing and wait for that trust!
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frustrated on Mar 6, 2015 at 7:18 pm
It must be nice to be First Nations, commit crimes and not have a criminal record as a result of a sympathetic judge. If she was caucasian, she would have done jail time. This sickens me!
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NND citizen on Mar 6, 2015 at 7:07 pm
It is a sad day for self governing Yukon First Nations when a judge can say a thief can run for a council position. She admitted guilt but I guess she has no morals or integrity and therefore she won't get my vote!
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Thomas Brewer on Mar 6, 2015 at 4:13 pm
What a farce - intentionally waiving a criminal record for someone who breached public trust, stealing from Yukon and Canadian taxpayers and then attain gainful employment in the local FN? - we shouldn't be surprised.