BY KEITH LACEY
A Sudbury man who defrauded his elderly mother of almost $55,000 over a three-year period will find out Tuesday at 2 pm whether or not heÂ?s going to jail.
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Samuel John Ramsey, 53, pleaded guilty to fraud over $5,000 Monday admitting he regularly stole cheques from his mother and cashed them in his own name.
After listening to arguments by defence counsel Laura Laporte, assistant Crown attorney Len Walker and Ramsey Monday afternoon, Justice Robert Del Frate of the Ontario Superior Court of Justice said he wanted to take some time before rendering his decision this afternoon.
Walker has asked Del Frate to sentence Ramsey to 12 months in jail, while Laporte insisted Ramsey, who has no previous criminal record, is not a threat to the safety of the community and should be given a conditional sentence of 18 months to be served in the community.
Del Frate asked twice Monday how he can sentence Ramsey to a conditional sentence of house arrest when Ramsey admittedly doesnÂ?t have a permanent address, is without employment and without any visible means of support other than his mother.
Laporte said Ramsey, who has been living with friends in Sudbury and the Toronto area, would find a permanent address here in Sudbury immediately if the court imposed the conditional sentence.
Laporte told the court Ramsey was suffering from emotional problems, specifically a deep depression, after his daughter was killed in a ski accident, another good friend died, he lost his computer business and he had a falling out with his mother and brother.
Walker said thereÂ?s no verifiable proof most of this happened as a probation officer who interviewed Ramsey said he was very evasive and wouldnÂ?t answer most questions in a straightforward manner.
A doctor treating Ramsey said a long jail sentence would adversely effect his mental health and counseland treatment have finally started paying dividends.
Â?He has a fragile state of mindÂ?his doctor has told him to avoid anxiety and stress,Â? said Laporte.
Ramsey will find work and start paying restitution to his mother immediately if heÂ?s granted a conditional sentence, said Laporte.
Her clientÂ?s plea of guilt saved a long and arduous trial, shows he accepts responsibility for his actions and heÂ?s suffered public humiliation and embarrassment since being charged last year, she said.
While stealing money from your frail and elderly mother Â?is a terrible offenceÂ?, Ramsey has never been in trouble before and Â?thereÂ?s nothing further to be servedÂ? by placing him behind bars, said Laporte.
Walker disagreed saying there are few cases heÂ?s dealt with where thereÂ?s been a more serious breach of trust.
RamseyÂ?s mother trusted him implicitly and he abused that trust to steal her chequebook and cash money for himself, said Walker.
�His mother was so naïve�she didn�t know the money was missing�and she was happy as long as she had money in the bank,� he said.
The fact is RamseyÂ?s mother is in poor health and will likely never be repaid, he said.
Â?This was a crime of opportunity and self-interest against a personÂ?s own family,Â? he said.
RamseyÂ?s unwillingness to be open and frank with his probation officer puts into question whether or not the communityÂ?s safety can be assured and a conditional sentence is appropriate, said Walker.
On top of one year in jail, Walker also asked the court impose an 18-month probation period where Ramsey can only visit his mother during the day and not have any access to her finances.
Ramsey told the court Â?I realize what I did was wrongÂ?IÂ?m getting proper counseling.
Â?I didnÂ?t go on a wild spending spree. The majority of the money was used to keep my mother as healthy and happy as possible.Â?
He reiterated how sorry he was for the pain heÂ?s caused his mother and how he would find a job and being repaying her immediately if granted a conditional sentence.
Â?IÂ?m trying hard to pick myself up,Â? he said. Â?I want to get things right and be a productive member of society.Â?
