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Judge suspends theft sentence

A 23-year-old Yorkton cashier has received a suspended sentence for stealing almost $3,000 from her employer. Neha Shah pleaded guilty to two counts of theft from Walmart in Yorkton Provincial Court on September 8.


A 23-year-old Yorkton cashier has received a suspended sentence for stealing almost $3,000 from her employer.

Neha Shah pleaded guilty to two counts of theft from Walmart in Yorkton Provincial Court on September 8.

Defence attorney Shane Wagner argued for a conditional discharge citing his client's age, her early guilty plea, lack of criminal record and the fact she made full restitution as mitigating circumstances.

He also appealed to the judge's compassion that as a landed immigrant a criminal record could impact her immigration status. He argued that a conditional sentence was in the defendant's best interest and not contrary to the public interest, the standard by which the courts determine if a discharge is an available option.

The Crown, represented by Todd Wellsch opposed a conditional discharge saying that the crime constituted a breach of trust, an aggravating factor under the principles of sentencing.

Judge Ross Green agreed with the prosecutor on the breach of trust issue. He said while a conditional discharge was certainly in the best interest of the accused, in order to grant it he would have to find the case exceptional, which he did not. That being the case, he said he was "not satisfied it is not contrary to the public interest."

He also said the potential impact on Shah's immigration status was a matter of conjecture and, therefore, his decision must "be guided by law."

Green imposed a suspended sentence of nine months. During that time, Shah is subject to the statutory release conditions.

Permanent residents convicted of serious crimes can lose their status and deported. For the purposes of the Canada Border Services Agency, a "serious" crime is one that carries a maximum penalty of 10 or more years in prison, regardless of whether a person receives that sentence or not.

The maximum penalty for theft under $5,000 is two years in prison.