Bert & Ernie's Case — Theft Over $5000 — Sentenced

Client:  Bert N. and Ernie H., Accuseds
Complainant:  Insurance Company
Charges:  Theft Over $5000

Background:  Bert and Ernie were employed as security officers, hired to patrol a building in Toronto. With the help of a third employee, they managed to enter a locked office in hopes of liberating computer equipment belonging to an insurance company. While one kept watch, the other two collected three laptops. They concealed the laptops under their bulletproof vests and managed to get them to their vehicles, but not without tripping a silent alarm and being caught on camera. On arrest, the third employee provided a statement implicating both Bert and Ernie. Bert and Ernie were subsequently arrested and charged.

READ THE POLICE REPORT

Goals:  Bert and Ernie wanted to beat the charges if possible. Failing that, they wanted to avoid being convicted. They had plans of becoming police officers.

Strategy:  This case was a breach-of-trust theft case: Bert and Ernie were hired to guard the very property they were accused of taking. The theft was further aggravated by the invasion of privacy, the risk of sensitive information being exposed, and the disruption caused by the loss of the computers. Jail is always the starting point for breach-of-trust thefts. This case was no exception.

Results:  The Crown's case appeared strong, but there were a few problems. Highlighting these problems, I managed to convince the Crown to join me in asking for conditional discharges and to accept pleas to the lesser and included offence of "possession under $5000." The Judge granted conditional discharges. Both escaped being convicted.

READ BERT'S SENTENCING TRANSCRIPT
READ ERNIE'S SENTENCING TRANSCRIPT