The appellant appealed both conviction and sentence from the Ontario Court of Justice.
The conviction appeal was dismissed as the information amendment during trial was proper.
The sentence appeal was partially allowed.
While the trial judge erred in treating lack of remorse as an aggravating factor, the appellate court upheld the one-year imprisonment sentence as fit given the appellant's abuse of trust and planned fraud against a vulnerable family member.
The court extended the time to pay the fine in lieu of forfeiture from six months to two years and set aside the victim fine surcharge.
