BARRHEAD - A man who defrauded a Westlock woman of more than $6,000 through a cheque scheme, among other offences, received a 59-day global sentence followed by 18-month probation during the Aug. 9 session of Barrhead Provincial Court.
Peter Joseph Byer plead guilty to one count of fraud under $5,000, mischief/damage under $5,000, failing to comply with a probation order and one count of failing to comply with a release order.
Judge Vaughn Myers agreed to the sentence, which was a joint submission from the Crown and defence, also ordered Byer to pay restitution of $3,323.32. Myers agreed to defence council’s request to waive the victim impact surcharge.
As part of the joint submission, the Crown also withdrew several charges including 12 counts of using a forged document; 11 counts of fraud under $5,000; three assault with weapon charges; six varying assault charges, one count of housebreaking with intent and a charge of mischief/damage under $5,000.
It is worth mentioning that Byer has been in custody since July 3 and as of Aug. 9 served 38 days, so with one-and-a-half enhanced time credit, his sentices is effectively time served.
Byer's lawyer Richard Forbes noted that he waived his right as a person of Indigenous descent to a Gladue report.
A Gladue report is a pre-sentencing report that courts can use to take into consideration the multitude of factors that can lead an Indigenous person to become in conflict with the law.
On the matter of fraud, Crown prosecutor Anthony Estephan said that on June 16, 2018, a woman made a complaint saying she was a victim of cheque fraud.
In her statement, Byer, the woman's neighbour at the time, asked her if she had any old cheques that his daughter could use for a school project.
"Since she was a schoolteacher, she told the accused that she would give him some of her old cheques," Estephan said, noting that she whited out all the pertinent information, such as name, address and bank numbers before giving them to Byer.
A day before going to the RCMP, the woman learned that Byer had used the cheques to take money from her account when she looked at her latest bank statement.
"She noticed that several cheques had been cashed without her current banking information, consent, or signature," Estephan said, adding that the cheques were made payable to a known alias of Byer.
As part of the RCMP's investigation, he noted that police obtained a production order of the accused's banking information and determined that Byer deposited a total of $6,646.64 into his account through several cheques from March 19, 2018, and Dec. 27, 2018.
“The visual copy of the cheques were identical to the ones (the woman) provided to Byer,” Estephan said.
The charge of mischief/damage under $5,000 stemmed from a Jan. 20, 2022 incident, after Byer called Barrhead RCMP to report that his then-girlfriend of two years was threatening to press charges against him for damaging her property.
Three RCMP members responded, noting that the officers interviewed the pair separately.
Estephan said that the girlfriend stated that they were in the bedroom, when Byer questioned who she was texting, as he was packing his belongings before going to work.
"(Byer) questioned his then-girlfriend about who she was texting. When she declined to answer, an argument ensued," he said, adding the girlfriend accused Byer of breaking her hair straightener.
Estephan said the failure to comply with a probation order charge was the result of an incident that started in early March 2022.
He noted that on March 2, Byer received 12 months of probation in Westlock Provincial Court. Estephan did not specify what the charge Byer had been found guilty of but said as part of his probation, he had to report to probation authorities no later than March 9.
On March 22, a letter was mailed out to Byer’s last known address asking him to report to Westlock Community Corrections by April 8.
Estephan said that Byer again failed to report as directed.
The final charge, failing to comply with a release order, that Byer plead guilty to stemmed from an incident in the summer of 2022.
Estephan said that on June 26 at 9:22 p.m., Barrhead RCMP responded to a domestic incident between Byer and his girlfriend.
"On the advice of her sister, (the girlfriend) left her home and called the RCMP from the hospital," he said, adding she told police that Byer had entered the home they previously shared and started yelling obscenities at her.
At the time, Byer's release order prohibited him from being at the residence.
Estephan noted that Byer has a two-page criminal record with convictions from Oct. 1996 to March 2022. However, only eight convictions were as an adult, including a 2003 obstruction charge and three convictions for failing to appear for court dates: two in 2006 and one in 2007. For the obstruction charge, Byer received a seven-day custodial sentence. For the failure to appear charges, he was sentenced to two fines (amounts not disclosed) and as well as a 30-day custody sentence.
Byer also has two assault convictions, one in 2007 for which he received a 60-day custodial sentence, and another in March 2022 for which he received a suspended a 30-day suspended sentence along with 12 months of probation.
Estephan said when coming up with his recommendation for sentencing, he considered several factors, including Byer's early guilty plea, eliminating the need for the complainant to testify. The action shows that he is taking responsibility for his actions, Estephan said.
He added that the aggravating factors included his recent and relating criminal record, and criminal convictions which Byer received custodial sentences for. Estephan also said that he found the fact that some of these incidents arose in the context of intimate partner violence, "troubling".
But he said that the Crown realizes that many of Byer's troubles stem from addiction and mental health issues.
“Taking everything into account, this is a fit and appropriate sentence, albeit, perhaps at the lower end,” Estephan said.
Forbes noted that his client is sober and is working to stay that way,
Byer, who appeared via CCTV at Edmonton Remand Centre, said he is excited to move forward with his life.
"I want to focus on a sober life and make a better life for my kids,” he said.
.jpg;w=120;h=80;mode=crop)
