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BARRHEAD/WESTLOCK - An Alberta Justice said that sometimes the court can find a better use for a fine than a penalty for someone who breaks the law.
That is what Justice Jordan Stuffco said before he massaged a Crown-Defence joint submission handing Jerica Lynn Senft, an expectant mother, a $200 fine after she pleaded guilty to breaching her probation conditions during an Aug. 21 Barrhead Court of Justice session.
The fine will be deemed by days in default, served by no time to pay and her court appearance. The victim fine surcharge was also waived.
Initially, the Crown and defence had asked for a $500 fine.
"I would love to see the $500 go towards things you will need for the baby," Stuffco said.
Crown prosecutor Andrea Melchionna said the charge is connected to a previous 18-month probation sentence received on March 1, 2024.
Following her sentencing, the court ordered Senft to report to the intake worker at the Edmonton courthouse as part of the sentence.
From there, the Crown said, the intake worker told to report directly to the Westlock Community Corrections office on March 12.
From there, the office told her to return and report to her probation officer on March 21 and April 4.
Melchionna said the accused missed both sessions.
The Crown said that Senft's probation officer talked to her via telephone the next day and told her to report again, this time on April 16, which she failed to do.
She noted the probation officer repeated the process, reaching out to Senft via telephone, this time getting her voicemail and leaving a message to report to her in person on April 23, an appointment she did not make.
Melchionna stated the accused had a criminal record, in which she mostly received a series of fines, followed by her most recent sentence, the previously mentioned 18-month probation.
She said that, typically, for someone with Sentf's history, she would seek a stiffer sentence, but recently, the accused started to get back on track and started attending her probation sessions.
The defence
Balkwill said his client capitulated to the facts, adding Senft did not have a lawful reason to miss her appointments.
Although it is not a lawful excuse, Balkwill said his client was going through some personal issues; the most obvious is that she is pregnant.
"She is high-risk," he said. "One of my concerns when we put this over to today is that she could potentially go into labour at any moment between now and her due date of Oct. 30."
Specifically, he said there were concerns about domestic violence and substance use issues, adding the latter is no longer an issue.
Balkwill added that her next appointment with her probation officer is early September, in which they hope to get Senft into domestic abuse counselling.
"Which is extremely important now because it is not just her anymore; there will be someone else she needs to look after," he said.
The sentence
Stuffco did not want to negate any of the work the Crown and defence did but did not believe the proposed sentence was in Senft's best interest, countering with a smaller fine that would be, in essence, paid by her court appearance.
"I see a young lady before me, with a troubled history, who is carrying a child and expecting so," he said. "Hopefully, we can try to give her a bit of a step up, or at the very least, try not to undercut funds that should be used to support the child."
Stuffco implored Senft to continue working with her probation officer, saying there has been a considerable shift of focus regarding the probation office in his over twenty-year law career.
"Probation officers have become a group of conscientious people trying to help and get us out of a social crisis."
Barry Kerton, TownandCountryToday.com
