Deborah Jean Penney, 56, is charged with one count of fraud over $5,000. When she was arrested last spring, there were a trio of other charges but they’ve been withdrawn.
Those charges stem from numerous incidents of forged cheques and misuse of a company credit card amongst other events from 2011 to 2014 when she was an employee of Land & Sea Welding Ltd., in Carbonear.
Those offences add up to just over $257,000. When he employer found the discrepancies in his finances, Penney was subsequently fired.
Crown attorney Jude Hall argued that Penney didn’t show a genuine sense of remorse for her actions. He cited the fact she started seeing psychiatrist only after she was arrested by police.
Over the course of a half hour, Hall argued that a number of extenuating circumstances led Penney down this path, but he didn’t think there was a sense of “personal responsibility.”
“There needs to be a message sent to the community at large,” said the lawyer. “It’s a breach of trust situation and not a spontaneous act.”
The crown is looking for a 16-month jail sentence, along with a 10-year order prohibiting her from working at a job that would require her to handle money. Along with that, Hall is looking for full restitution.
Penney does not have a previous criminal record and Hall believes she is a low threat to re-offend.
Penney’s lawyer Erin Breen countered that her client indeed felt remorse for her actions.
“(Penney) fully recognizes the damage that she’s done,” she said. “She has her family’s support and does want to pay (the money) back.”
Breen is looking for a conditional sentence of two years plus a day. She is agreed to the 10-year probation period and restitution.
However, if Judge Bruce Short feels jail time is appropriate, Breen asked him to consider something in the lowest range for sentencing.
In an address to the court, Penney expressed regret for her actions and apologized to her former employer and anyone else she may have hurt along the way.
“I am truly sorry,” she said emotion rippling in her voice.
Penney will hear the judge’s decision when her case is called at provincial court in Harbour Grace on Oct. 20 at 1:30 p.m.
