A Calgary judge has raised serious doubts about whether a proposed conditional sentence, including house arrest, is appropriate for a woman who acted as a courier in scams that defrauded vulnerable seniors out of tens of thousands of dollars.
Joint Sentencing Proposal Under Scrutiny
During a Friday court hearing, Crown prosecutor Don Couturier and defence lawyer Mary Stephensen presented a joint sentencing proposal for Alana Love Duncan, 48, who pleaded guilty last October to seven counts of fraud. The proposal called for a two-year-less-a-day conditional sentence order, with the first 12 months to be served under house arrest followed by a nightly curfew for the remaining period.
However, Justice Michele Hollins of the Calgary Court of King's Bench expressed significant concern about whether this punishment adequately reflects the severity of the crimes committed against elderly victims.
Details of the Senior Targeting Scams
According to agreed facts presented in court, the scams occurred between July 21 and August 16, 2023, and specifically targeted grandparents aged 67 to 96. The fraudsters contacted seniors by phone, pretending to be either police officers or relatives in legal trouble, and convinced them that cash was needed for bail.
In six instances, victims withdrew money from banks and handed it over to couriers who arrived at their homes, including Duncan who collected the funds. In one particularly egregious case, a 94-year-old woman was convinced to surrender her valuable coin collection, appraised at $22,212.17, after being told her grandson needed bail money.
The total amount defrauded from all victims reached $70,000, with court documents confirming that Duncan was fully aware her activities were part of a fraudulent scheme throughout the operation.
Restitution and Judicial Concerns
As part of the sentencing proposal, Duncan agreed to make restitution payments totaling $18,000 through monthly installments of $258 over five years. This arrangement prompted pointed questions from Justice Hollins about why the offender shouldn't be required to repay the entire amount over a longer period.
"I understand why she can only pay $258 a month. Why shouldn't she be doing that for the rest of her life?" the judge asked during the proceedings.
Couturier argued that Duncan's minor role in the scam—comparable to that of a drug courier or mule—combined with her willingness to repay a substantial portion of the stolen funds should be considered mitigating factors in her favor.
Awaiting Final Decision
Justice Hollins has taken the weekend to consider whether to accept the joint submission and indicated she will contact legal counsel if she believes jail time might be necessary instead of the proposed conditional sentence. The case highlights ongoing judicial scrutiny of sentencing approaches for crimes targeting vulnerable populations, particularly elderly victims of financial fraud.
The Calgary Courts Centre will await the judge's final determination, which will set an important precedent for how similar cases involving senior-targeting scams are handled in the future.
