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Theft: Section 322 of the Criminal Code makes it an offence to take property from others without their consent, unless you honestly believe it is yours. There are various theft-related charges that reflect the item allegedly stolen.
Section 322(1) of the Criminal Code of Canada outlines the crime of theft. It states that anyone who fraudulently takes or converts something without the owner's consent and with the intent to deprive the owner of their property is committing theft.
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.
Mar 18, 2021 · Under the Canadian Criminal Code, theft refers to taking or using something that belongs to somebody else to deprive them of that particular property either temporarily or permanently. If you’re charged with theft charges in Canada, it’s best to contact an experienced criminal defence lawyer near you.
- Overview
- Proof of The Offence
- Interpretation of The Offence
- Misc Issues of Proof
- Defences
- Sentencing Principles and Ranges
- Record Suspensions and Pardons
Offences relating to theft are found in Part IX of the Criminal Coderelating to "Offences Against Rights of Property". Pleadings Offences under s. 334(a) [theft over $5,000] are straight indictable. There is a Defence election of Courtunder s. 536(2) to trial in provincial court, superior court with a judge-alone or superior court with judge-and-ju...
In a theft case the crown must prove a specific intent of the accused to deprive its owner of the property. The offence of theft when in the context of shop-lifting is complete even before the accused leaves the store. By picking up the item with the requisite intent to steal is sufficient to make out the offence in its entirety. Theft can occur wh...
s. 491.2(1) -- photographic evidences. 657.1(1) -- Proof of ownership and value of propertyTypical defences will include claims such as: 1. the accused paid for the property (colour of right) 2. the accused was given the property (colour of right) 3. the accused honestly but mistakenly believed the property was theirs (honest but mistaken belief) 4. the accused forgot they were in possession of it (honest but mistaken belief)
See also: Purpose and Principles of Sentencing, Sentencing Factors Relating to the Offender, and Sentencing Factors Relating to the OffenceSee also: Property and Fraud Offences (Sentencing)Convictions under s. 334 are eligible for record suspensions pursuant to s. 3 and 4 of the Criminal Records Act after 5 years after the expiration of sentence for summary conviction offences and 10 years after the expiration of sentence for all other offences. The offender may nothave the record suspended where the offender was (1) convicted of 3 o...
Theft under $5000 is one of the most prevalent property offences in Canada. Convictions for theft under $5000 can result in fines, probation, or even imprisonment for a maximum term of two years.
Offences under s. 355 (a) [possession of property obtained by crime - greater than $5,000 or a testamentary instr.] are straight indictable. The maximum penalty is 10 years incarceration. Offences under s. 355 (b) are hybrid. If prosecuted by indictment, the maximum penalty is 2 years incarceration.
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