Criminal Law – Theft

322. (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent

(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;

(b) to pledge it or deposit it as security;

(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or

(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

 http://laws-lois.justice.gc.ca/eng/acts/c-46/page-163.html

Allegations of theft vary in seriousness depending on what is alleged stolen, from who it was stolen and the monetary value of the stolen product.

Theft under $5000 are Hybrid Offence while Theft over $5000 are Indictable.  In the situation where the matter is a Hybrid Offence, the Crown Attorney can elect to proceed either Summarily or Indictable.  The Crown Attorney makes the election, between Summarily and Indictable, early in the proceeding; if the Crown Attorney does not elect, then they are presumed to have elected Indictable. 

Noting the above, not everyone that is charged with an offence is found guilty.  The Crown Attorney has the burden of proving all the elements of the offence beyond a reasonable doubt.

A lawyer can help secure your freedom.

There are several defenses against a Theft charges.  A Lawyer may challenge the Crown Attorney’s case.  A Lawyer may be able to question the Crown Attorney’s witnesses and statements of the events which may lead the trier of fact, Judge or Jury, to find that the crown has not met their burden of proving every element of the offence beyond a reasonable doubt resulting in a favourable verdict for you.

A lawyer can help secure a lesser sentence.

If one is guilty of an offence, whether by a guilty plea or after a trial, the court is left with the decision on sentencing.  The Criminal Code of Canada provides a basic guideline of Maximum and Minimum sentencing permitted and the types of Sentences available for each offence under the Criminal Code of Canada.  A lawyer may advocate for a sentence specifically tailored for the individual, which usually means lesser probation, fine, or jail than that sought by the Crown Attorney.

The law is vast and complex.  I can help!