Three family members appealed their convictions and sentences arising from a scheme to steal lottery tickets from customers at their family convenience store, one of which won a $12.5 million prize.
The Court of Appeal dismissed the conviction appeals, finding all verdicts were reasonable.
On sentence, the court reduced one appellant's custodial sentence from four to three years and reduced her restitution obligation, but otherwise upheld the sentences.
The court upheld the constitutionality of the mandatory minimum imprisonment provisions under s. 462.37(4) of the Criminal Code, distinguishing Boudreault on the basis that the fine in lieu of forfeiture regime targets offenders who possessed proceeds of crime, unlike the indiscriminate victim surcharge.
The s. 11(b) application was dismissed under the transitional exceptional circumstance provision from Jordan.
On the Crown's appeal, the court entered convictions against the acquitted co-accused on theft and possession counts and ordered a new trial on fraud and possession of proceeds counts.
