Welcome to my Crime and Justice blog! I am a 19 year old criminal justice student at the University of Winnipeg. I advocate for prisoners' rights, human rights, equality and criminal justice/prison system reforms.
Showing posts with label Theft Over $5000. Show all posts
Showing posts with label Theft Over $5000. Show all posts

Thursday, July 22, 2010

Chronic car thieves leave trail of damage including photos and videos to chronicle their crimes

It is being called one of the most brazen crime sprees ever uncovered, a case so unusual that justice officials have been unable to find any similar scenarios across Canada.
Two chronic Winnipeg car thieves -- a 16-year-old girl and her 18-year-old boyfriend -- spent an entire month wreaking havoc across the Prairies by stealing vehicles, gas and property and leaving a trail of costly damage in their wake.
In the process, they documented nearly every one of their crimes by taking pictures and videos that show them taunting police, drinking and driving, boasting to their friends and celebrating their accomplishments by dancing and making out on the top of stolen vehicles.
"In all my years... there has never been anything like this," veteran Crown attorney Elizabeth Laite told a Winnipeg courtroom Tuesday.
"This resembles a fantasy story. You would think Hollywood would come up with something like this," added her colleague, Stephanie Hermiston. "It is an exceptional case, extraordinary circumstances."
The female accused -- who can't be named under the Youth Criminal Justice Act -- has pleaded guilty to 21 separate crimes stemming from the August to September 2009 rampage.
They include thefts, possession of stolen property, mischief and breaches of court orders. Her adult co-accused is expected to deal with his matters next month. He faces a lengthy prison term.
The Crown plans to show some of the photos and videos in court when the sentencing resumes. They are seeking the maximum youth sentence of two years behind bars for the girl, who has a long history of similar property offences and was on probation at the time. She is a Level 4 auto thief, the highest risk category assigned by police, and has previously been turned in by her frustrated parents who are unable to control her.
"There is no other sentence but the maximum that would be fit and fair here," said Hermiston.
Her lawyer is asking for her to be released immediately with time in custody, which is at 199 days and counting. Provincial court Judge Rocky Pollack has now adjourned the hearing until Aug. 19 for completion of a pre-sentence report probing the girl's personal background, prospects for rehabilitation and suggestions for controlling her in the community.
The two accused -- dubbed "Bonnie and Clyde" by some justice officials -- were originally sentenced last June for a variety of car thefts and property crimes. She got 18 months probation, while the young man got two years of custody less time already served. Both were ordered by the courts to stay away from each other.
In August, the man was released on a day pass from jail to go shopping with his mother at Walmart. While browsing through the aisles, he suddenly took off, stole his mother's car and picked up his girlfriend.
The pair then embarked on 30 days of chaos, which included stops in rural Manitoba, Saskatchewan and Alberta, court was told.
"They were flouting court orders, and thumbing their noses at society," said Hermiston.
Some of the "highlights" included burning a Hummer they stole just outside Winnipeg, nearly mowing down a vehicle owner who tried to interrupt a theft in eastern Saskatchewan and scrawling lyrics to a crude "rap song" over the interior of another car they left behind to be found by police.
"It said 'F the cops, they'll never catch us,'" said Hermiston. The pair would typically steal one vehicle, drive it for a few hours or days, cause extensive damage and then "trade" it for another one.
In one case, a rural Manitoba resident woke up to go to work and found his car missing, with a damaged one sitting exactly in its place.
"They would leave them behind after they'd picked over them like vultures," said Hermiston. The pair, along with some friends, would also go on "raiding parties" in which they would damage dozens of cars at a time just for kicks. Most of these occurred in the Steinbach area.
"The RCMP had to call in reinforcements from all over the province. They couldn't even keep up with the phone calls coming in from people reporting damage," said Laite, who was unable to provide an accurate estimate of financial loss.

I have never seen anything like these crimes before. It is pretty shocking. However, I am not sure that prison for this young woman would be appropriate. She has already spent nearly 200 days in custody. Prisons are known as the schools of crime and often increase one's chances of re-offending when released, especially for youth, as they learn new skills to avoid detection and new crime skills. This could be dangerous for this teen to learn anything new about stealing cars. I believe she should be released with time served, as her lawyer suggested.

Tuesday, July 20, 2010

Guilty plea for new rash of crimes

A prolific Winnipeg criminal once dubbed a "one-man wrecking crew" has pleaded guilty to his latest rampage and could be facing a lengthy prison term.
Jody Duczminski, 26, admitted Monday to a series of crimes stemming from an incident last summer when he led police on a high-speed chase in a stolen vehicle after calling 911 claiming he had a gun and was prepared to harm both himself and any officers who tried to stop him.
Police say Duczminski reached speeds of 160 kilometres per hour while racing around the south Perimeter Highway in a Mitsubishi Lancer that had been stolen from a Transcona car dealership. Police eventually got the car stopped without injury or major damage. No weapons were found.
Duczminski has now pleaded guilty to charges including motor-vehicle theft, evading police, uttering threats and public mischief. He is being held in custody and will be sentenced later this fall, where the Crown is expected to seek significant prison time.
Duczminski has a lengthy history with the criminal justice system. He was sentenced to two years in prison for a 2002 car theft and arson spree that caused nearly $1 million in damages. He reoffended just weeks after he was released on parole in 2003 with a string of crimes, including trying to mug an elderly woman, driving stolen cars through two gas station kiosks and stealing food items, robbing a Dickie Dee ice cream driver and leading police on a high-speed car chase through the city.
Provincial court Judge Linda Giesbrecht sentenced Duczminski to the equivalent of 32 months time served for that spree, which caused more than $50,000 damage.

Tuesday, July 6, 2010

Woman who stole $230K from employer, jailed: Wrong decision

A Winnipeg woman who cheated her employer of $230,000 has been sentenced to 16 months in jail.
Linda Cousins, 48, previously pleaded guilty to one count of theft over $5,000.
Cousins was the financial controller for Imperial Flooring when, in 2006, she began processing additional paycheques for herself. In 20 months, Cousins processed more than 65 bogus cheques to herself, one as high as $6,300.

Cousins claimed her crimes were driven by depression and a gambling addiction.
Judge Lynn Stannard said she accepted gambling was a factor in the thefts but did not believe Cousins suffered from a pathological gambling addiction.
“I believe Ms. Cousins gambled initially to attempt to win back the money she had been taking to pay her bills and as the amount of money stolen increased she became more desperate and irrational in her belief that gambling could be the answer to her financial woes,” Stannard said.
Defence lawyer Lisa Labossiere said her client had an abusive upbringing that prompted her to leave home at 15. Financial setbacks left her suicidal and depressed, Labossiere said. That led to gambling and VLT losses of up to $500 a day.
Stannard noted many people in similar circumstances don’t turn to crime.
To date, Cousins has repaid less than $300 to her former employer, $100 less than she spends every month on cigarettes, a court report stated. “It’s very difficult to see this money being paid back in a reasonable amount of time,” Stannard said.

Here is my previous blog post on this case:

I do not believe prison was the appropriate sentence in this case. Prison should not be over-relied upon and should always remain a last resort. All other lesser restrictive sanctions should be considered prior to imprisonment. I believe that only the most dangerous individuals should be held in prison, not the mentally ill, addicts, non-violent, property or drug offenders. This woman is not a danger to society. 

Prison is too harsh of a sentence. She should have been sentenced to a conditional sentence or probation, with restitution to pay back the money she stole, counseling and programming for her gambling addiction, abusive upbringing and depression. These crimes were driven by addiction, need and mental illness not greed. This woman is humiliated, ashamed and has already suffered from "public shaming." Further punishment is not necessary. Prison serves no purpose for this woman, except revenge and retribution, which is unjust. The mentally ill should never be held in prison as prison conditions often worsen mental disorders. Prison will not have any positive impact on this woman's life or assist her in rehabilitation.   

Monday, June 21, 2010

Man gets 7 years for sophisticated robberies


A "professional criminal" has been sentenced to seven years in prison for a series of highly sophisticated break-ins to various Winnipeg businesses.
Cary Preston, 34, pleaded guilty Monday to stealing more than $30,000 in cash and property over a five-year period by smashing, drilling and tunnelling his way into various stores, restaurants and safes.

"These are cold, callous and calculated crimes, where greed is the motivating factor. They are the hallmarks of a professional criminal," said Crown attorney Chris Vanderhooft.
Solid police work is being credited for Preston’s arrest. Investigators first suspected him in early 2007 after an attempted break-in to the Cathay House restaurant, court was told. Police believed he may be responsible for other unsolved crimes - and perhaps planning future ones - so they obtained a warrant to install a tracking device on his vehicle.
Police were able to quickly link Preston to an incident at the Riverside Inn, where he burrowed his way through the walls and cut a hole in a safe. He was arrested hours later, but released on bail. Police were still monitoring his movements when he went to a Tim Hortons on Christmas Day - knowing it was closed - and used a crowbar to force his way inside. He was re-arrested the following day and has remained in custody since.
Police then got a DNA sample from Preston, which proved to be a match with five other similar incidents dating back to 2002. In several of those cases, Preston cut himself on broken glass and left behind droplets of blood, court was told.
Preston would plan his crimes in advance, and often used tape to cover up motion sensors inside the businesses he targeted when he knew they would be closed and empty. He would also move surveillance cameras and wear disguises to prevent identification. He caused extensive property damage as a result of his criminal methods.
Preston has a lengthy history of property crimes which includes convictions in Alberta and Saskatchewan. He was given double-time credit Monday for nearly 29 months of time already spent in custody, meaning he only has about 27 months of time left on his sentence.

DNA used to convict sophisticated thief of 8 break-ins
For five years Cary Preston evaded police capture in a series of sophisticated commercial break and enters.
Preston’s luck finally ran out, thanks to determined police and his unmistakable DNA, a court heard Monday.
“But for the dogged work of Winnipeg police it’s unlikely any of these break and enters would have been solved,” Crown attorney Chris Vanderhooft said.
Preston, 34, pleaded guilty to eight commercial break and enters dating back to 2002 and was sentenced to seven years in prison.
Police arrested him in November 2007 after he and another man broke into the Riverside Inn and stole $13,000 in cash. Court heard the men cut holes in the walls, allowing them to move freely within the building without triggering the security alarm, and disabled a motion sensor.
Police had been following Preston after identifying him as a suspect in an attempted break and enter two weeks earlier. Police obtained a tracking warrant and affixed a GPS tracking device to his truck.
Released on bail, Preston broke into a Portage Avenue Tim Hortons restaurant on Christmas Day, the one day of the year it was closed. Again, Preston disabled the restaurant’s security system and stole $3,700 in cash. The tracking device was still attached to Preston’s truck when police pulled him over south of the city the following day and arrested him.
While in custody, police matched Preston’s DNA to six unsolved commercial break and enters. In three of the break and enters, Preston cut himself on a saw or other break-in tool, leaving drops of blood behind.
Preston is a “professional career criminal” and should expect to receive maximum and consecutive sentences should he ever appear before court again, said Justice Albert Clearwater.
Preston received double credit for time served, reducing his remaining sentence to 27 months.

This article focuses too much on this man's criminal activities and fails to even mention any possible mitigating factors or defence lawyer statements. Yes, these crimes were planned and pre-meditated and this man does pose a danger to society, but I believe there are likely some mitigating factors in this case which are not being reported on. I feel that 7 years is too harsh. If mitigating factors were present, I feel around 3-4 years would be more appropriate. Non-violent property offenders should not be imprisoned in most cases, and if they are, not for lengthy periods. This man poses more of a danger than most property offenders because of the fact that while released on bail, he committed another break in. This calls for more serious consequences.

The US puts WAY too many people in prison, modeling anything off their failed system is NOT the way to go. There must be other alternatives that can be explored.

A 'Professional criminal' would not be that careless, get cut by glass and leave traces of blood. Sophisticated break-ins does not involve the use of a crow bar, nor puting tape over motion sensors. Finally, professionals would not get caught by the WPS.

Nothing in this story sounds sophisticated or professional. He went through our catch and release system and hasn't exactly been evasive. Used a crowbar and left DNA everywhere. A real pro.  

Tuesday, June 8, 2010

Insurance broker pleads guilty to 15 counts of fraud


WINNIPEG - A former Great-West-Life insurance broker has pleaded guilty to defrauding 15 former clients out of several hundred thousand dollars.

Gary Palmer, 64, brought his Queen’s Bench trial to a sudden halt this week by deciding to accept responsibility to many of the charges he was fighting. Palmer, who was acting as his own lawyer, admitted to 15 counts of fraud. The Crown agreed to drop nine other related charges.

He remains free on bail and is expected to be sentenced this fall.
Palmer had tried to delay the start of his month-long trial in early May, claiming he wasn’t properly prepared for it. Queen’s Bench Justice Perry Schulman refused to grant an adjournment, saying Palmer has had plenty of time and was only trying to drag out the proceedings.
Palmer was arrested in October 2006 following a lengthy investigation. The Crown says Palmer persuaded numerous clients to make withdrawals from their investments on the premise he would transfer the money into higher-performing funds. He then allegedly took nearly $1.5 million for his own personal use, including vacations, car payments and family expenses.
Palmer was working as an independent agent with the company over the eight years he was accused of swindling the victims, who ranged from wealthy professionals to single parents. The Crown had planned to call many of the former clients as witnesses during the trial, although one man has since died, court was told.

Ex-broker admits to fraud
A former insurance broker on trial accused of swindling clients out of $1.5 million has pleaded guilty to 15 counts of fraud.
Gary Palmer, 64, entered guilty pleas Tuesday morning, more than one week into his scheduled five-week trial.
Palmer, who defended himself in court, remains free on bail pending the completion of a court ordered pre-sentence report. A sentencing date will be set in August.
Palmer began his trial charged with 23 counts of fraud and one count of money laundering.
Palmer was working as an independent insurance agent under contract with Great-West Life during the eight-year period he is alleged to have committed the crimes.
Prosecutors allege Palmer was acting as a financial adviser to the victims when he convinced them to withdraw their money from Great-West Life and invest it through his company, J.D. Raleigh.
Palmer then allegedly kept the money for his use, spending it on vacation getaways, payments for his mother’s personal care home, car lease payments and “numerous other personal items,” Crown attorney Steve Johnston told court at the start of Palmer’s trial.
Last month, Palmer filed a last-minute motion seeking to postpone his trial, arguing he did not have a lawyer and was in no position to defend himself.
Justice Perry Schulman rejected the motion, ruling Palmer made “very limited efforts” to hire a lawyer or raise funds to hire a lawyer.

Insurance broker pleads guilty to fraud
A former Winnipeg insurance broker has pleaded guilty to 15 counts of fraud after allegedly spending nearly $1.5 million worth of clients' money.
Gary Palmer, 64, cut short his scheduled five-week trial by making the plea on Tuesday — just a few days into it.
In exchange for his plea to 15 charges, the Crown dropped nine other charges against Palmer, who was representing himself in court.
'He should spend that kind of time behind bars then we'll call it even.'—Greg Downey, who lost more than $30,000
Palmer was independently contracted with Great-West Life Assurance Company when the fraud occurred between 1998 and 2006.
Police alleged that Palmer, presenting himself as a financial advisor, convinced a number of people to make withdrawals from their current investment accounts on the premise of transferring the funds to new products.
He then allegedly deposited the money into his business account and used it for his own personal use.
The scheme came to light when a client received a tax bill for the withdrawals.
Great-West Life conducted an internal investigation then notified the police. Charges were laid in 2006.
Greg Downey, who lost more than $30,000 to Palmer, doesn't ever expect to recover the money he's lost. But he said some of the sting would be alleviated if Downey is sentenced to spend a few years in prison.
"He had at least 10 very good years of going to a cruise every year, going out to his half-a-million-dollar cottage in Lake of the Woods, stuff like I'm never going to be able to afford to do," said Downey.
"So he should spend that kind of time behind bars then we'll call it even."
The maximum penalty Palmer faces is 14 years behind bars. He'll be sentenced in August.

I do not believe this man should be sentenced to prison. That would serve no purpose as prison should always be a last resort and only reserved for those who truly pose a danger to society. This man should be sentenced to a conditional sentence with community service work, restitution to the victims and be required to prepare a series of speeches for insurance companies about the consequences of fraud. He should also lose his job as an insurance broker. This man's assets should be sold and the money should be given to his victims.  

Monday, May 31, 2010

Insurance broker acts as his own lawyer in fraud case


A former Great-West-Life insurance broker is defending himself on allegations he stole more than $1.5 million from former clients.
Gary Palmer, 64, began his trial Monday by acting as his own lawyer. He tried to delay his case last week, claiming he wasn’t properly prepared for the month-long case. Queen’s Bench Justice Perry Schulman refused to grant an adjournment, saying Palmer has had plenty of time and is only trying to drag out the proceedings.
Palmer was arrested in October 2006 following a lengthy investigation. He has pleaded not guilty to 23 counts of fraud and one charge of money laundering.
The Crown says Palmer persuaded 25 of his clients to make withdrawals from their investments on the premise he would transfer the money into higher-performing funds. He then allegedly took the money for his own personal use, including vacations, car payments and family expenses.
Palmer was working as an indepenent agent with the company over the eight years he is allegedly to have swindled the victims, who ranged from wealhy professionals to single parents. The Crown plans to call many of the former clients as witnesses during the trial, although one man has since passed away, court was told.
Palmer is also facing numerous civil lawsuits which remain before the courts.

This article is biased as it only states what the Crown's allegations are. I would like to know what Palmer's claims and arguments are and also, any mitigating factors in his life, such as a need for money.

Thursday, May 27, 2010

Should woman who stole $230K from employer, be jailed?


A judge is weighing whether a Winnipeg woman who cheated her employer of $230,000 should go to jail or be allowed to serve a conditional sentence in the community.
Linda Cousins, 48, has pleaded guilty to one count of theft over $5,000.
Court heard Cousins was the financial controller for Imperial Flooring when, in 2006, she began processing additional paycheques for herself. Over the course of 20 months, Cousins processed more than 65 bogus cheques to herself, one as high as $6,300.
Cousins claims her crimes were driven by depression and a gambling addiction.
"There was a point in my life when I could not feel anything," Cousins told court. "That's why I started to gamble."
'Public shaming'
Crown attorney Don Melnyk said there was little suggestion Cousins suffered from a "pathological" gambling addiction, noting she spent much of the money on groceries and mortgage payments. Melnyk recommended Cousins serve a high jail term of up to two years less a day.
Defence lawyer Lisa Labossiere said jail time isn't necessary, arguing Cousins poses no risk to the community and has suffered "public shaming" as a result of her arrest.
Labossiere said her client had an abusive upbringing that prompted her to leave home at 15. Financial setbacks left her suicidal and depressed, Labossiere said. That led to gambling and VLT losses of up to $500 a day.
"She is ashamed and humiliated by what she has done," Labossiere said. "As a mother, she wanted to be a role model for her sons."
Judge Lynn Stannard adjourned sentencing to next month.


This woman should NOT receive jail time. I think a conditional sentence would be more appropriate. Her crimes were driven by addiction, need, and mental illness. She is humiliated and ashamed and has suffered from "public shaming." Jail is not necessary as I feel it should only be intended for those who are dangerous to the community, violent and have serious criminal records. This woman does not fit the bill. Jail will likely only worsen her mental illnesses and conditions and not have any positive impact on her life or assist her in rehabilitation or reintegration. She should serve a conditional sentence with conditions to find employment, attend counseling for her abusive upbringing and mental illnesses and addictions including depression and gambling, community service work and restitution to the company she stole from through community service work. 

Monday, April 19, 2010

Man admits to participating in robbery, dressed in a skeleton costume


A Winnipeg man has admitted to participating in a "staged" armed robbery inside a Lockport fast-food restaurant while wearing a skeleton mask and matching costume.

Drew Kowal, 23, was given three months in jail Monday in addition to six months of time already served. He was also put on supervised probation for three years.
Kowal and a co-accused stormed inside the A and W location just north of Winnipeg in October 2006 and stole several thousand dollars, court was told. Kowal later told police that a large group of friends – including two women who were working at the time of the heist – had planned the incident out ahead of time.

However, police only ended up charging Kowal and his primary partner-in-crime - who pleaded guilty last year and was sentenced to a year in jail. The two employees claim they were truly victimized and didn’t know about any robbery plan.
Kowal was released on bail but got re-arrested last October after selling an undercover police officer three rocks of crack cocaine in exchange for $60. Police say he was working as a street-level "dial-a-dealer" in the inner-city.
Defence lawyer Les Kee told court Monday his client resorted to dealing drugs to help support himself financially after losing his job following his robbery arrest.
"He didn’t even have any food for himself – or his cat," said Kee.

Man jailed for role in 'staged' heist
When is a robbery a theft? When the robbery is faked, a court heard Monday.
Drew Kowal previously pleaded guilty to one count of theft over $5,000 for his part in the “staged robbery” of a Lockport A & W restaurant.
Court heard Kowal, 23, was one of four men who carried out the fake robbery with the help of two female employees on Oct. 23, 2006.
Kowal was on bail for that offence when, on Oct. 25, 2009, police arrested him in the course of a cocaine “dial-a-dealer” investigation.
Kowal pleaded guilty Monday to trafficking in cocaine, possession for the purpose of trafficking and breaching a recognizance.
Justice Chris Martin sentenced Kowal to one year in jail, minus nine months for time served, to be followed by three years supervised probation. Martin also ordered Kowal to complete 75 hours of community service work.

I am confused as to what this man was sentenced for.. was this sentence for the robbery or for the drug dealing? I would also like to know more about this man's background life and if he has previous convictions, etc. From this article, there is no indication that this man has a violent, previous criminal history or that he is a high risk to re-offend. He has already served 7 months and I believe only the worst, most dangerous and high risk offenders should be held in prisons. This man, is not one of them, in my opinion. 

Either way, I am left wondering what effect a 3 month prison sentence will have on this man. Is there a reason he is being sentenced to prison at all? Because we all should know that deterrence is not effective and that prison in general, is not effective. This will only cause further overcrowding and if community sanctions have been proven to be more effective in reducing and preventing crime, then we should be relying less on prison sentences and adhering more to the least restrictive method.  Short stints in prison have generally been shown to be ineffective. Plus, this man has already served 6 months in remand custody. I think that is enough prison time.

It is definitely a mitigating factor that he sold drugs to support himself financially. He did not have criminal intentions in mind. 

I agree with the portion of the sentence allocated to probation. Personally, I would have sentenced this man to a 2 year conditional sentence. I would order him to participate in victim-offender mediation so he could truly understand the consequences of his actions, employment training and assistance so he doesn't have to resort to criminal methods in order to support himself. I think that 6 months of remand, is long enough.


Mitigating Factors
Aggravating Factors
Pleaded guilty
Armed robbery
Sold drugs to support himself financially after losing job following robbery arrest
Possession of cocaine (separate incident) sold to undercover policeman
Already served 6 months in remand custody









   

Friday, March 12, 2010

Thief evades prison


A Winnipeg woman who admitted stealing $240,000 from her former employer has been granted a two-year conditional sentence.
Karen Denbow, 46, pleaded guilty Wednesday to one count of theft over $5,000.
Denbow stole the money while employed as an administrative assistant with VitalAire Canada between 1995 and 2002.
Court heard Denbow deposited customer cheques into petty cash accounts and then wrote cheques to herself and various city merchants.
“The stress of this particular situation has been enormous,” said defence lawyer Sheldon Pinx, noting Denbow lost her marriage and her house because of her actions.
VitalAire didn’t report Denbow to police until 2005, after winning a $370,000 civil judgment against her.
Denbow wasn’t charged criminally until 2007. Because banks don’t retain their records longer than seven years, the Crown was limited in what it could prove Denbow stole, said prosecutor Steve Johnston.
“Had we gone to trial, I don’t know that we would have been able to prove the full $240,000,” Johnston said. “We would have pursued this differently, had the case been less stale ... She could easily go to the penitentiary, but because of the circumstances we have decided to go a different avenue.”
Denbow has repaid more than $100,000 to VitalAire’s insurance company. Court heard Denbow has agreed to pay another $25,000 to settle her debt.
Judge Ray Wyant called Denbow’s actions “planned, premeditated and organized.”
“Even with repayment, there is likely money that will never be returned and you benefited from that,” Wyant said.

I agree with this sentence in that the woman has had enough stress, such as losing her marriage and home, and doesn't need the added stress along with damaging effects of being in prison. It's also good to see that she has paid back a lot of the money already and I think a conditional sentence is appropriate.