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section 777(1)
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777(1) No conviction, order or warrant for enforcing a conviction or order shall, on being removed by certiorari, be held to be invalid by reason of any irregularity, informality or insufficiency therein, where the court before which or the judge before whom the question is raised, on perusal of the evidence, is satisfied (a) that an offence of the nature described in the conviction, order or warrant, as the case may be, was committed, (b) that there was jurisdiction to make the conviction or order or issue the warrant, as the case may be, and (c) that the punishment imposed, if any, was not in excess of the punishment that might lawfully have been imposed, but the court or judge has the same powers to deal with the proceedings in the manner that the court or judge considers proper that are conferred on a court to which an appeal might have been taken.

breach-of-trust-fraudGenerally, conditional jail sentences are not available for cases in which an employee steals from their employer. These cases are called "breaches of trust" - and this is an aggravating factor that militates towards the imposition of a jail sentence. In this case, Paul Lewandowski was able to successfully advocate for a conditional jail sentence, on a $120,000.00 fraud due to a shopping addiction.

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