BY KEITH LACEY
A Sudbury law office clerk convicted of misappropriating more than $2.3 million in funds will finally have her sentencing hearing today (Monday) at the Sudbury courthouse.
Laura Babij, 39, was supposed to be sentenced in late September, but proceedings were halted as Babij was in the late stages of pregnancy.
Assistant Crown attorney Paul Condon told the court back in September Babij's crimes call out for a penitentiary term in the range of 30 to 36 months.
Babij pleaded guilty in March to misappropriating more than $2.3 million from clients, including several financial institutions, between 1998 and 2000.
Babij worked as a law clerk, bookkeeper and office manager at her husband's downtown law office.
Justice Donald MacKenzie heard submissions on sentencing in September and will render his decision today.
Court heard Babij stole large amounts of money from numerous trust accounts and forged her name on false mortgage documents over a two-year period.
She also defrauded several lines of credit set up by financial institutions.
Court heard she also ripped off the owner of several fast food restaurants.
Several of the smaller clients she stole from were repaid by her husband, but with most of the larger clients ?Mrs. Babij has not repaid one red cent,? said Condon.
?Given the size of the crime, the number of victims, the nature of the victims and the planning and deception involved and the lack of restitution paid to the victims, this warrants a custodial sentence in the penitentiary,? said Condon.
The Ontario Court of Appeal has ruled on a consistent basis that large-scale frauds of this nature, where there are so many victims who suffer such tremendous losses, cries out for a penitentiary term, said Condon.
?This crime is of an extremely serious nature,? he said.
The same Court of Appeal has ruled pregnant women should not be spared from going to jail if the crime they have committed is serious enough and this crime falls into that category, said Condon.
?You can't put up a family situation as a defence to avoid the consequences of serious illegal misconduct,? he said.
Defence counsel Andrew Buttazzoni agreed while most cases of this nature do result in a penitentiary term, there are provisions that fall under ?special circumstances? which allow the courts to impose a sentence that doesn't include custody.
Buttazzoni recommended Babij serve a sentence of house arrest of two years less one day. She could only leave her home to continue her university studies or for medical emergencies for herself or her children, he said.
The fact Babij co-operated with police, has shown extreme remorse by pleading guilty at an early date and her family situation qualifies her for special consideration from the courts, said Buttazzoni.
?This case falls into the narrow exception of special circumstances,? he said.
Babij and her husband have been financially devastated since her arrest, his law practice has suffered immensely and the social stigma involved must also be considered, said Buttazzoni.
Babij has also been diagnosed with a personality disorder as well as suffering from manic depression, he said.
Babij and her husband now have eight children with another one on the way and one child in particular needs special attention, which the court must also consider, he said.
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