Conditional sentence for defrauding employer rare but possible

A conditional sentence for a fraud by an employee against an employer is rare.  Generally, a term of incarceration will be called for.  That said, as R. v. Kalonji, 2010 ONCA 111, released today, shows such a sentence is available in rare circumstances:

[1]              The Crown appeals the conditional discharge with three years’ probation imposed following a guilty plea for fraud over $5,000 involving the appellant’s employer and asks that we substitute a conditional sentence of six months plus one year probation.

[2]              We agree with the Crown that it will only be in the most exceptional case that a conditional discharge will be appropriate for this offence.  However, as the Crown concedes, a conditional discharge is not absolutely excluded.  The trial judge recognized that ordinarily a conditional discharge would not be appropriate for this offence but found the respondent’s circumstances to be exceptional.