BY KEITH LACEY
A Greater Sudbury woman who deposited two stolen cheques worth more than $22,000 into her personal bank account and quickly spent most of the money has been spared a jail sentence.
Instead, Deborah Lavigne, 47, a mother of four who pleaded guilty to fraud over $5,000, was handed a six-month conditional sentence to be served under house arrest.
Assistant Crown attorney Philip Zylberberg was seeking a jail sentence of four months late last week, while defence counsel Glenn Sandberg asked the court to impose a conditional sentence to be served in the community, noting Lavigne had only one other criminal conviction dating back more than 10 years ago.
Justice William Fitzgerald said he was satisfied this accused did not pose a serious risk to the community, however, he noted this was a serious crime because of the amount of money involved and said any conditional sentence must be punitive.
That's why he imposed house arrest where Lavigne is not to leave her home between the hours of 4 pm and 8 am for her entire six-month sentence. She can only leave her home during those hours for medical or personal emergencies or if her probation officer gives permission.
Lavigne was also ordered to pay the Royal Bank restitution in the amount of almost $14,000.
Court heard Lavigne deposited a stolen cheque worth $13,400 into her bank account on Feb. 7, 2003 and 10 days later deposited a second cheque worth $7,800.
Most of the money went missing quickly and the bank was able to recover only $8,000, leaving the bank short more than $13,000, said Zylberberg.
The police investigation revealed both stolen cheques emanated from southern Ontario, but that was about it, he said.
?We don't know where the money went, what was done with it and we don't know where the cheques came from,? he said.
Lavigne was on social assistance at the time, but didn't appear to have be in dire financial straits as she was involved in a relationship with a working man making good money, said Zylberberg.
There are no indications of any substance or alcohol abuse in this case, he said.
Despite the fact Lavigne found a full-time job soon after charges were laid, she has not made any attempts at restitution and this is troubling, he said.
?This case involved a significant amount of dishonesty that netted a significant amount of money,? he said.
Sandberg said a conditional sentence was appropriate in this case as Lavigne is remorseful and there's little chance she will reoffend.
Despite repeated attempts to borrow money from financial institutions and family and friends, Lavigne was unable to begin paying restitution, but it wasn't for a lack of trying, he said.
?She made a number of attempts to arrange financing, however, none were successful,? he said.
Career thief jailed
A career criminal from Hamilton, who pleaded guilty to trying to break into a Minnow Lake convenience store last July, has been given an additional four months in jail on top of seven months he's spent behind bars since his arrest.
Todd Gallant, 32, pleaded guilty to one count of attempted break and enter when he and two accomplices from Hamilton used a crowbar to try and break into the store July 30, 2004.
Despite cutting the wiring to an alarm system, the alarm in an adjoining business went off and the three bandits immediately took off.
Greater Sudbury Police arrived on the scene very quickly and another man involved in the attempted break and enter led police on a brief high-speed chase.
The driver was arrested and was given a one-year jail sentence for the attempted break and enter and driving charges.
Police called in a canine unit and they tracked Gallant to a neighbourhood residence, where he was found hiding in a shed.
Court heard Gallant has a long criminal record for previous property crimes.
Defence counsel Alex Toffoli said Gallant has a wife and three children in Hamilton ?and would be better off spending time with his wife and family? than committing more property crimes.
Because Gallant has such a terrible record, the Crown was not being unreasonable in asking for an additional four months in jail on top of seven months Gallant has already spent in custody since his arrest, said Toffoli.
Justice William Fitzgerald accepted the joint submission presented to him.
Gallant was also placed on probation for one year and ordered to stay away from the two men he was with that night and the owner of the store.
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