The offender pleaded guilty to stealing $777 from his employer, the LCBO, due to severe family financial stress.
The court granted a conditional discharge, finding it was in the offender's best interest and not contrary to the public interest given his lack of prior record and extensive community service.
The offender also challenged the constitutionality of the mandatory victim surcharge under s. 12 of the Charter.
The court dismissed the constitutional challenge, holding that the surcharge is a user-fee or general restitution rather than a sentence, and its mandatory imposition does not constitute cruel and unusual punishment.
The offender was ordered to pay a $200 victim surcharge with one year to pay.
