Grace Gaurino was convicted of fraud over $5,000 and theft over $5,000, with the theft count stayed under the Kienapple principle.
The fraud involved $16,629.96 from her 98-year-old vulnerable employer, Eileen Rennie, through altered cheques.
The Crown sought 18-21 months custody, while the defence requested 90 days or less intermittent.
A key consideration was the collateral immigration consequence under the Immigration and Refugee Protection Act, where a custodial sentence of six months or more would remove the right to appeal a deportation order on humanitarian and compassionate grounds.
The court balanced denunciation, general deterrence (paramount in breach of trust fraud), and rehabilitation, alongside mitigating factors (first offence, admissions, personal difficulties, late remorse) and aggravating factors (breach of trust, vulnerable victim, some planning).
Finding the appropriate sentence range to be between 90 days and 12 months, the court imposed a 90-day intermittent sentence to preserve Gaurino's right to appeal deportation, considering her three Canadian citizen children and strong rehabilitation prospects.
A restitution order of $16,629.96 and a 2-year prohibition from positions of financial authority were also imposed.