The courier in a scam targeting vulnerable seniors \u2014 made to believe their grandchildren or a relative was in trouble with the law \u2014 should be spared jail time, court was told Friday.<\/p>\n
But Justice Michele Hollins expressed concern that a proposed two-year-less-a-day conditional sentence for Alana Love Duncan, including house arrest for the first 12 months, would be a fitting punishment.<\/p>\n
Duncan, 48, pleaded guilty last October to seven counts of fraud in connection with scams between July 21 and Aug. 16, 2023, in which grandparents were duped into handing over cash or property worth $70,000.<\/p>\n
Crown prosecutor Don Couturier and defence lawyer Mary Stephensen presented a joint sentencing proposal for a conditional sentence order, which would also include a nightly curfew for the remaining 12 months.<\/p>\n
Couturier also said Duncan has agreed to make restitution of $18,000 through monthly payments of $258 for the next five years.<\/p>\n
Hollins questioned why the offender shouldn\u2019t have to pay back the entire amount.<\/p>\n
\u201cI understand why she can only pay $258 a month. Why shouldn\u2019t she be doing that for the rest of her life,\u201d or until the full amount was paid back, the Calgary Court of King\u2019s Bench judge asked.<\/p>\n
Couturier said the minor role Duncan played in the scam, similar to a drug courier or mule, and her willingness to pay back part of the cash were factors that weighed in her favour.<\/p>\n
According to a statement of agreed facts made an exhibit in the case, seniors were phoned by individuals who identified themselves either as police officers or their grandchild \u2014 and in one instance a nephew \u2014 indicating the seniors\u2019 relative had been arrested.<\/p>\n
The victims, who ranged in age from 67 to 96, were instructed cash was needed to bail their relatives out of legal trouble.<\/p>\n
In six of the instances, the seniors withdrew money from the bank and turned the cash over to couriers who showed up at their home, including Duncan, who retrieved the money. In one instance, Duncan acted as the third courier after the victim provided $8,500 to two others and then confronted the offender who retreated and drove away.<\/p>\n
In the seventh scam, a 94-year-old woman received a call from someone pretending to be her grandson and indicating he was in jail and required $8,000 for bail. The woman indicated she didn\u2019t have the cash, but offered her coin collection, which was valued at $22,212.17.<\/p>\n
The woman told the caller they could sell the collection for what they could and return any amount not used for bail the next day. Duncan arrived two hours later to pick up the coins. The victim contacted her grandson later that night and realized that she was a victim of a scam.<\/p>\n
\u201cIn total, these victims were defrauded of $70,000,\u201d the agreed facts stated.<\/p>\n
\u201cAt all times, Ms. Duncan was aware that her activities were part of a fraudulent scheme.\u201d<\/p>\n
Hollins will take the weekend to mull over whether she will accept the joint submission and indicated she will contact counsel if she thinks jail might be required.<\/p>\n