R. v. B.R.
Her Majesty the Queen, and
 O.J. No. 2149
Ontario Court of Justice (General Division)
Oral judgment: January 8, 1999.
D. Russell, for the Crown.
T. Pain, for the accused.
¶ 1 LACK J. (orally): I have reviewed all of the sentencing materials and as well I have reviewed the presentence report, which I found very helpful. I have also found the submissions of counsel helpful.
¶ 2 The accused before the court is a first offender at forty-two years of age. He is married with two children. He emigrated to this country in 1989. I think it is fair to say he has had major adjustment problems. He is handicapped by his lack of proficiency with English. He has only the equivalent of a grade ten education. He has had a number of changes of employment as the presentence report indicates.
¶ 3 The report from the Addiction Research Foundation and his psychiatrist, shows his naivety, shows that he is not very sophisticated. He was certainly gullible to the suggestions from his rather slick friends. I note he also suffers from diabetes, hyper-thyroidism, high cholesterol. He is now depressed and takes medication for it. There is no indication that he was depressed at the time of the offence.
¶ 4 General deterrence requires, in my view, that a fraud in this amount be punished by a jail term, particularly where, as here, there is no evidence of addiction. But rather the accused did it for the money. But I take into account that this is a first offence. As I said, the accused is unsophisticated. He admitted guilt at an early stage in these proceedings. He has responsibilities to his family. He has shown that he is sorry.
¶ 5 As a result, I think that the term of sentence should be as the crown and defence suggested, a term of 90 days. The question is whether a conditional sentence should be made, that means whether the accused should serve his sentence in jail or in the community. The evidence satisfies me that he is not a danger to the public. He has taken steps to self-exclude himself from the casinos of Ontario. This is apparently irrevocable for three years. I feel that having him serve his sentence in the community will actually help with his rehabilitation. Because of his language difficulties, because of his health difficulties, because of his depression, I feel he needs the support of his wife and children and the support of his doctors.
¶ 6 For these reasons I impose the following sentence: the offender be imprisoned for a term of 90 days and orders the offender serve the sentence of imprisonment in the community. The offender will comply with the following conditions:
He should be of good behaviour and keep the peace;
He should appear before the court when required to do so;
He shall report within two working days in person to a supervisor and thereafter report when required by the supervisor and in the manner directed by the supervisor;
Remain within the Province of Ontario unless written permission to go outside of Ontario is obtained from the court or the supervisor;
Notify the supervisor in advance of any change of name, or address, or employment;
He is to abstain from all forms of gambling;
He should seek such treatment as recommended by the supervisor, and in addition, Mr. H. at the Addiction Research Foundation and his psychiatrist with a focus on the gambling;
He is to make reasonable efforts to find and maintain suitable full-time employment;
He is to be in his place of residence except when he is at his place of employment, when he attends for medical or dental treatment, or when he attends his program for addiction. This is to be done for a period of 90 days. So in effect, it is house arrest for 90 days except for going to work, the doctor’s, or the addiction program as recommended by the supervisor.
He is not to go within 500 metres of Casino Rama, Casino Windsor, or Casino Niagara.
¶ 7 In addition to the conditional sentence, there shall be a two year probation order on the following terms. The probation period will start after the conditional sentence ends.
He is to be of good behaviour and keep the peace;
He is to appear before the court when required to do so;
He is to report to a probation officer within two working days after the conditional sentence ends, and then after that he is to go to the probation officer whenever he is required to do so;
He should seek such treatment as recommended by the probation officer, and in addition, Mr. H. at the Addiction Research Foundation and his psychiatrist with a focus on gambling;
He is not to be involved in any form of gambling and he is, over the period of probation, not to be within 500 metres of Casino Rama, Casino Niagara and Casino Windsor.
¶ 8 In addition, I am going to make a restitution order. The court orders under Section 738 of the Criminal Code that the offender pay the sum of $13,225.00 to the Bank of Montreal by way of restitution for loss of the money arising out of this offence. I took the gross amount and I took off the payments that have been made. I am not getting into interest at all in these proceedings. It is not my function.
¶ 9 My endorsement is as follow: For oral reasons given, accused is sentenced to 90 days to be served in the community on terms of conditional sentence order made, to be followed by two years probation on terms specified orally.
¶ 10 Restitution order for $13,225.00 in favour of Bank of Montreal made.