SENTENCING - Theft and offences resembling theft - Unauthorized use of computer

Law360 Canada ( May 29, 2018, 8:37 AM EDT) -- Sentencing of Livingston, who was found guilty following a trial of Attempt to Commit Mischief to Data and Unauthorized Use of a Computer. Livingston had been Chief of Staff in the Office of the Premier of Ontario (OPO) between May 2012 and February 2013. Livingston and his Deputy Chief of Staff, Miller, enlisted and directed Faist, Miller's partner, to wipe data from 20 computers in the OPO. The purpose of the data deletion was to ensure no records remained regarding a Freedom of Information and Protection of Privacy Act(FOI) request or a future Production Order of a Standing Committee of the Legislature inquiring into a gas plant controversy. Livingston had deceived the Secretary of Cabinet, Wallace, into granting him administrative access to the computers in the OPO. Livingston, 65, was a first offender with an exceptional employment history. The pre-sentence report was positive and Livingston provided numerous reference letters attesting to his good character and exceptional community service. As the two offences constituted a single wrong or delict, a conditional stay was entered on the less serious offence of Attempt to Commit Mischief to Data. On the remaining count, the Crown sought imprisonment of six to 12 months. Livingston submitted a conditional discharge was fit and appropriate....
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