The accused, a municipal court services lead clerk responsible for reconciling daily traffic court receipts and preparing bank deposits, was charged with theft over and breach of trust by a public official after a $26,520.95 deposit disappeared.
The Crown relied entirely on circumstantial evidence showing the accused prepared the deposit documentation, had exclusive access to the office safe during the relevant period, repeatedly delayed deposits contrary to policy, and engaged in unexplained after‑hours access to the office and safe.
Evidence also established financial difficulties and a pattern of withholding deposits before the loss.
The court held that the only rational inference from the cumulative circumstantial evidence was that the accused deliberately took the deposit.
The accused was convicted on both counts.
