Magistrate cites low risk of re-offending and voluntary restitution
Sabrina Monique McGowan, an accounts officer at the Immigration Department, was given a suspended sentence on Tuesday following her guilty pleas to theft and false accounting.
The theft was of $2,600, the property of the Cayman Islands government, Department of Immigration, some time between 12 May and 25 August in 2009.
Four instances of false accounting occurred in May, June and August 2009. In each case, Senior Crown Counsel Tanya Lobban told the court, McGowan falsified a government cash control sheet by making an entry showing a refund had been given to a named person. The amounts of those alleged refunds were $500, two for $400 and one for $1,300 – a total of $2,600. Cash receipts were altered so it appeared the funds had been refunded.
When it was brought to McGowan’s attention that she had not followed certain procedures, she was unable to provide any explanation.
The matter first came to Summary Court in May 2011. McGowan elected Summary Court and entered guilty pleas on 1 November. A pre-sentence social inquiry report was ordered.
Defence attorney Prathna Bodden referred to that report in her mitigation. She emphasised McGowan’s remorse, embarrassment and regret for the bad example she had given her children.
“She took the money because she was desperate,” Ms Bodden said, citing her client’s need to repay car and land loans.
While on required leave, she had made herself useful in the community by working at the Red Cross and a preschool. She had returned $1,300 of the stolen money and has saved the other $1,300 to repay.
There was concern that if McGowan were sent to jail, her oldest child would have to leave school and find a job to support the other children, Ms Bodden said. She accepted that a custodial sentence is in the guidelines, but said the court could consider the relatively low value of the stolen sums.
Magistrate Nova Hall said the breach of trust aggravated the offences.
Ms Bodden said McGowan, 37, had suffered already because of the effect on her reputation and on her family. Further, she had lost her job.
In her sentencing remarks, the magistrate said embarrassment and the effect on family are factors a person should consider before engaging in criminal action.
She pointed out it was not unusual in cases of employee theft that the offender has no previous convictions – that is what helped them get the employment.
The magistrate said she was taking into account the fact that the social inquiry report had indicated a low risk of re-offending. Coupled with that was McGowan’s efforts to repay the money before the court ordered restitution.
She therefore imposed a sentence of nine months imprisonment, suspended for two years. She also ordered payment of costs to the Crown of $500.
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yes thats one of the problems with jail it really can be disruptive to ones family life. No doubt other criminal attorneys will watch this and repeat the problematic side on lockup.
While I’m usually hard on crooks, in this case I kind of agree with the Magistrate. She has already done irreparable damage to her future as well as her family. Times are going to be hard for them now do to her bad decision she may never find the type of job she lost if she even finds one at all.
Hopefully she will except responsibility for her own choices and not point the finger at things like the Rollover Policy or Expats when she has a hard time finding employment in the private sector.