Shoplifting Rum Results In $100 Fine
Grabbing a bottle of the demon rum without paying for it has led to a Moose Jaw man paying just under thrice back in what he stole.
In Moose Jaw Provincial Court this morning Bryson James Smith plead guilty to theft under $5,000.
Court heard Smith entered the Saskatchewan Liquor and Gaming Authority (SLGA) store on Manitoba Street at 5:10 pm on October 15, 2021 where he shoved a 750 ml bottle of Captain Morgan Spiced Rum under his bunnyhug and left without paying for it.
The value of the rum was $36.71.
Provincial Court Judge Brian Hendrickson said he agreed with the Crown attorney Rob Parker's recommendation of a $100 fine and not the suggestion of $50 by Legal Aid defense lawyer Suzanne Jeanson.
“Given Mr Smith's record I believe the Crown's request is appropriate,” Judge Hendrickson said.
Court heard Smith had a criminal record showing 17 previous petty theft convictions.
“It is very clearly equal to the value of what was stolen,” the Judge said about the Defense’s sentencing suggestion. “It does not work as much of incentive (to not steal).”
Court also heard the rum was never recovered.
Jeanson argued the Court should take into consideration Smith's economic situation when imposing the sentence as it does not take into effect the impact on the convicted thief's economic situation.
Court heard Smith is a Social Service's recipient and is under a Trustee program where he picks a weekly check of $35 to cover food and clothing.
“A hundred dollars would represent about three weeks of income for him,” Jeanson said in trying to secure a $50 fine - half of what the Crown was asking for.
About what Smith is receiving from Sovial Services she said her client had told her “it doesn't cover” his food needs with Smith reliant on the Moose Jaw and District Food Bank to survive.
Jeanson said a $50 fine would still require about five hours of community service through the Fine Option program to repay the money.
The Crown' recommendation would have Smith working about 10 hours if community service to pay a $100 fine.
Judge Hendrickson said he had to weigh if the sentence was appropriate given the offense. The Judge noted that Smith had received jail time in January 2021 for another minor theft.
Judge Hendrickson further noted that both the $50 fine the Defense sought or the $100 fine the Crown sought could both be worked off through the Fine Option Program.
In the end Smith was fined $100, given six months to pay or complete Community Service and due to his poverty Smith will not to have to pay the Victim's Surcharge.