Judge Clifton Purvis granted a discharge to a woman pleading guilty to theft under $5,000 after considering factors under the Gladue case June 18.
Crystal Junes Andres, 39, pleaded guilty during Athabasca Provincial Court to the theft and a charge of failing to comply with an appearance notice. However, after hearing her life’s circumstances, Purvis opted to grant her a discharge while requiring her to pay a $300 victim fine surcharge.
“I’m going to take a chance on you,” Purvis said during court proceedings, adding the discharge will keep the offence off her criminal record.
Crown prosecutor Euan Gilmour said in a statement of facts Andres was seen on security footage stealing a liquor bottle from a store in Athabasca July 30, 2016.
“Police attendended and were able to identify Miss Andres after reviewing the security footage,” Gilmour said. He added Andres also failed to appear on a scheduled trial date Aug. 14, 2017.
Gilmour asked Purvis to sentence Andres to fines on both matters.
Defense lawyer Peter Keyes asked for a conditional discharge and requested the court consider factors under the Gladue case. The Supreme Court case advises lower courts to consider an Indigenous offender’s background in sentencing.
Keyes said Andres was raised in an abusive household and her grandparents were in the residential school system.
“There was violence in the home,” Keyes said. “Miss Andres was abused by her grandfather. She developed some issues herself with alcohol starting at age 14.”
Keyes also said he understands Andres was in an abusive relationship at the time of the theft, and her boyfriend drove her to the liquor store and influenced her to steal this alcohol.
“She doesn’t claim that’s a defence or excuse. But certainly a factor in the analysis,” Keyes said.
He added Andres was homeless at the time of her scheduled Aug. 14, 2017 trial.
Andres is now gainfully employed in Wabasca, Keyes said, and is living pro-socially.
“She is wanting to put this behind her. It was some time ago. She’s trying to better her life,” Keyes said.
Keyes requested a conditional discharge with a nine month probation that would include community service, but Purvis decided not to require probation for Andres.
“I’m going to grant you a formal discharge. You’re trying hard and obviously alcohol’s been a problem in the past for you,” Purvis said.
