Reference no: EM132866563

With respect to Canadian Law, what are the aggravating factors in the scenario below?

You are a paralegal representing 53-year-old Gary Wilkinson. He has been charged with "theft under $5,000". This is Gary's first appearance on the charge. You are given the Crown disclosure package. Your see that it is alleged that he took a bottle of mouthwash valued at $3.95 from a local drugstore. The crown disclosure does not show any prior criminal record. While you are interviewing Gary, he tells you that he had no intention of paying for the mouthwash. Gary also advises you that his permanent address is a local men's shelter. You notice that Gary looks haggard and unwashed. He is wearing old and dirty clothing and smells of alcohol. Gary tells you he wants to plead guilty and get out of there. You tell Gary that it is best to have a resolution meeting with the Crown before entering a plea. You attend the arraignment and ask that the matter be set down for a resolution meeting. While sitting in the waiting area Gary lights a cigarette. He is immediately reprimanded by a Court Services Officer, so Gary drops the cigarette on the carpet and steps on it. The Crown Attorney, who is leaving the courtroom on the way to the Resolution office, observes Gary's action. You wait for your turn for a resolution meeting.