21 total
Restitution order of $4 million set aside as offender had no realistic ability to pay.
The appellant pleaded guilty to a $4 million fraud against his employer, driven by a pathological gambling addiction, and was sentenced to two years in penitentiary.
The trial judge also ordered full restitution of the $4 million, acknowledging it was purely symbolic and intended to save the employer civil litigation costs.
On appeal, the Court of Appeal set aside the restitution order, holding that such orders must bear some reality to the offender's means and should not be used merely as a substitute for civil proceedings, especially where it would impair rehabilitation.