Likely desperate for money after falling out a window and breaking his leg, Kyle Grant Erskine stole two cheques from a charitable organization and attempted to use them fraudulently.
He cashed those cheques in a friend’s bank account, ultimately leaving her short of $1,000.
Erskine, 35, from Moose Jaw, appeared in Moose Jaw provincial court recently, where he pleaded guilty to knowingly using a forged document. As part of a joint submission, he was told to obey his existing conditional sentence order (CSO), while he was given 21 days’ credit for spending 14 days in jail following his arrest. He will also have to pay back the $1,000 he took from his friend.
Due to the coronavirus, most accused individuals who appeared in court recently and had committed non-violent offences were given a break on their sentences since the court system did not want to keep anyone in jail during the pandemic.
Erskine was put on a CSO on July 5, 2019 for a property-related offence, Crown prosecutor Stephen Yusuff explained. On Feb. 11, 2020, someone called police to say two cheques from the Knights of Columbus had been fraudulently written for $500 each. The cheques were made payable to Erskine’s female friend, whom the police later notified about the incident.
The woman informed police she had given Erskine her debit card so he could withdraw $40. However, her bank later informed her there had been fraudulent transactions with her account.
“He would benefit from the writing of the cheques, while the owners were never notified of the cheques,” said Yusuff.
Erskine was arrested on March 5 and jailed for 14 days. Based on credit for time served, the Crown decided to take no further action against him and simply ordered him to obey his conditional service order.
Erskine has been friends with the woman for a long time and has started repaying the money he took from her account via a payment plan, explained Legal Aid lawyer Tyne Hagey. Erskine was on the Saskatchewan Assured Income for Disability (SAID) program at the time since he fell out a window and broke his leg. He has undergone several surgeries and needs several more.
Hagey asked that the 30-per-cent victim surcharge be waived in this situation.
“It is important that he repay the woman. She needs that money. It is better for her to get the money than to give it to victim surcharge,” she added.
Judge Brian Hendrickson accepted the joint submission and agreed to waive the surcharge.
While Moose Jaw provincial court is still operating, all non-serious cases have been moved to the first week of June due to the pandemic.
