Court of Appeal for Ontario

Citation: R. v. Velupillai, 2008 ONCA 407 Date: 2008-05-23 Docket: C48395

Before: Weiler, Borins and MacFarland JJ.A.

Between:

Her Majesty the Queen (Respondent)

and

Ashogan Velupillai (Appellant)

Counsel: Brian Snell for the appellant Andreea Baiasu for the respondent

Heard: May 16, 2008

On appeal from the sentence imposed by Justice Donald J. Halikowski of the Ontario Court of Justice, on November 17, 2007.

APPEAL BOOK ENDORSEMENT

[1] This case involved a breach of trust by the accused against his employer and a fraud on members of the public whose financial identity was stolen. The trial judge found that, “… the execution of the conspiracy resulted in great disruption to the financial security of legitimate credit card holders and dislocations within the institutions that were forced to honour the losses that resulted to their clients.” Although the actual amount involved, $40,000, was not large, the potential existed for a far greater loss. It was fortuitous that this crime was detected early by an off duty policeman resulting in a limited loss.

[2] Having regard to the principles of sentencing we are of the opinion that the sentence was fit. Accordingly while leave to appeal sentence is granted the appeal from sentence is dismissed.