No record for teen who took from till
Dalton Faubert, 18, of Burton, stole cash twice while working register at Atlantic Superstore in Oromocto last year to feed nicotine habit he couldn’t afford, court hears
A young Burton man caught dipping into the till when working as a cashier at an Oromocto grocery store avoided a criminal record Monday thanks to the many mitigating factors in his favour.
Dalton Faubert, 18, of Darryl Drive, pleaded guilty in Fredericton provincial court in April to a count of theft, and he was back before Judge Scott Brittain on Monday for his sentencing hearing.
Crown prosecutor Kathleen Jacobs said a loss-prevention officer at the Atlantic Superstore in Oromocto contacted police Oct. 19 to report that an employee - Faubert - had stolen cash from the business.
“He took money on two instances,” she said, noting the thefts occurred between Oct. 6-19.
Faubert took two $100 bills from his till on the first occasion, court heard, and then $90 the second time.
Theft by employees is considered an aggravating factor under criminal law, the prosecutor said.
“Mr. Faubert was obviously in a position of trust,” she said.
That it happened twice was another aggravating factor, Jacobs said, as was the fact it only stopped because the employer detected it and intervened.
However, she said, there were a number of mitigating factors for the court to consider.
Faubert owned up to the theft when confronted by his employer, the prosecutor said.
He pleaded guilty, is a youthful, first-time offender and presents with a positive pre-sentence report, Jacobs said.
Furthermore, he’s attending school and working through the summer with his own landscaping business, court heard, and Fuabert had just turned 18 a couple of months before his offence.
Deterring others from committing such crimes is important, Jacobs said, but the court can’t lose sight of the need to help offenders embark upon or maintain more positive trajectories in their lives.
“Rehabilitation is important too,” the prosecutor said.
She said the Crown and defence were offering a joint recommendation on sentence: a conditional discharge, which would spare Faubert a criminal record once he completes a period of probation.
Brittain pointed out that the New Brunswick Court of Appeal has directed sentencing judges to impose incarceration in cases of employee theft - even for first-time offenders - given the breach of trust element of such crimes.
Jail time can only be discounted when there are exceptional circumstances, the judge said.
Jacobs said the many mitigating factors in Faubert’s case amounted to exceptional circumstances.
Duty counsel Melinda Ponting-Moore agreed.
She said Faubert has a strong support network, noting that his parents had accompanied him to court, and he’s been taking online university prep classes at the University of New Brunswick.
“He had a nicotine habit he couldn’t afford and he made a stupid mistake,” Ponting-Moore said.
“I just feel really stupid for what I did,” Faubert told the court, apologizing for his actions. “It’s definitely not going to happen again.”
Brittain said it’s a serious matter, but added sentencing judges are directed to defer to joint recommendations unless they’re well outside the established range or if they’ll bring the administration of justice into disrepute.
That wasn’t the case this time, he said.
The judge granted the conditional discharge and placed Faubert on probation for a year.
During that time, he’s to stay off the premises of the Atlantic Superstore in Oromocto, pay $290 in restitution, perform 25 hours of community-service work, and follow any counselling or treatment programs as directed by his probation officer.
Don MacPherson can be contacted at ftonindependent@gmail.com.
A good decision.