What is Theft​

This article is a brief and general overview about Theft. Theft is defined under section 322 of the Criminal Code of Canada. According to the Criminal Code definition, theft is when a person steals or takes property that belongs to another person without proper legal justification to do so. 

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What are the types of Theft?

Under the Criminal Code of Canada, there are two types of theft that are defined: 

1. Theft under $5,000 as defined under section 334(b) of the Criminal Code of Canada

2. Theft over $5,000 as defined under section 334(a) of the Criminal Code of Canada. 

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It should be noted that Theft over $5,000 is the more serious offence, and as a result, the Crown can choose whether they want to proceed and charge you either summarily or with an indictable offence. Depending on how the Crown chooses to proceed with your case can impact the severity of the punishment you receive. 

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What are some examples of Theft (over $5,000)?​

Some examples of Theft (over $5,000) include: 

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a) Stealing a car

b) Shoplifting high valued items such as jewellery or expensive electronics 

c) Using someone else's credit card to buy different items 

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What are the legal elements needed to prove Theft (over $5,000)?​

For every criminal case, the Crown must prove at least 4 things: 

1. Identity: The Crown must prove that you are the person who committed the crime. 

2. Jurisdiction: You are being charged in the correct court. 

3. Date: The Crown must prove the date when the crime took place when the police say it did. 

4. The elements of the Crime. 

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​​In this case, the elements of theft (over $5,000) are:

a) That you intended to take something from the property owner without their consent, and did so (or tried to do so)

b) That the property belongs to someone else. 

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What are some possible defences for Theft (over $5,000)? 

Some of the most common defences for Theft including arguing that:

1. There was no mental intent (and that it was an accident); 

2. You have been mistakingly accused (and are the wrong person)

3. Colour of Right (which means that you honestly believed you had a lawful right to the property when in reality, you may not have had the right). 

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What are the penalties for Theft (over $5,000)? ​

For this charge, there is no mandatory minimum sentence, and so, this means that in these cases, judges are able to use their discretion in determining the appropriate punishment. The sentence will vary depending on a wide range of factors, and as a result, it is not possible to estimate a sentence without knowing the facts of the case. Depending on how the Crown chooses to proceed, they can either charge you summarily or by indictment. The Crown usually makes the decision on how to best charge you based on the facts of your case. If the Crown elects to proceed summarily, then the maximum penalty is up to 2 years less a day imprisonment. However, if the Crown chooses to proceed by indictment, then the maximum penalty is 10 years imprisonment. ​

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Common FAQs: ​

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1. What do you do if you have been charged with Theft (over $5,000)? ​

If you have been charged with Theft over $5,000 by the police, first contact us. Once retained, Shankar Law Office will continue to advise and guide you so that you can receive the best legal defence for this charge. ​​​​​​​​​​​​