PICTOU – A conflict between the Criminal Code and a new provincial government policy has delayed the sentencing of a woman who stole more than $25,000 from a home for special care.
Emily Anne MacIntosh, 47, is charged with stealing money, property of Valley View Villa, of over $5,000. The alleged offences occurred between June 2013 and November 2016.
The Eureka woman was expected to be sentenced Tuesday in Pictou provincial court, but a judge needed more time to consider whether he would accept the Crown’s recommendation for suspended sentence or a defence application for restorative justice.
In a statement of facts, Crown attorney Bill Gorman said an investigation showed irregularities in Valley View View’s financials and upon a closer look it was discovered that MacIntosh had written advances to herself as well as cheques to family members.
He said $27,676 was an unaccounted for during the investigation. She told police she was overwhelmed in her new job as manager Valley View Villa and was divorced at the time of the incidents which caused her to take on a $40,000 credit card debt.
The Crown asked the court to consider a suspended sentence that included a lengthy period of probation as well as restitution.
MacIntosh’s lawyer said his client is remorseful for her actions and that she has to money being held in trust to pay back to the home.
Craig Clarke presented the court with an application for his client to enter into restorative justice. He said his client is able to meet the criteria for program and is a registered nurse who is concerned if she will be able to return to work if she has a criminal record because she is unsure how this will affect her nursing licence.
Judge Del Atwood said he was unsure if he had jurisdiction to grant such an application since the Criminal Code states she must be sentenced. He adjourned the case until July 19 stating he had similar application for restorative justice coming before the court in early July.
