Criminal Lawyers

Criminal Lawyers defending Theft Over $5000 Charges

At Scardicchio Law Office Professional Corporation, our Criminal Lawyers defend Theft Over $5000 charges in: Mississauga, Brampton, Milton, Toronto, Newmarket, Vaughan, Orangeville, Oakville, Burlington, Bradford, Hamilton, Barrie, Oshawa, Niagara, St. Catherine’s, Kitchener-Waterloo-Guelph, and across Southwestern Ontario.  Call us today for a free consultation.

What is Theft Over $5000 under the Criminal Code of Canada?

Theft Over $5000 is found under section 334, of the Criminal Code of Canada, which states that, 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.

Specifically, Theft Under $5000 if found under section 334(b) of the Criminal Code of Canada, which states that “Except where otherwise provided by law, every one who commits theft

(b) if the value of what is stolen is not more than $5,000, is guilty

Punishment for Theft Over $5000 Offence in Canada:

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction.

Section 322(2) states that, A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.

Common Forms of Theft Over $5000 Charges:

Some common forms of theft under $5000 charges include:  Shoplifting if quantity exceeds $5000; Theft from an employer (also considered a breach of trust offence); Theft of parcels from homes’ doorsteps; Gasoline theft; Theft from locker rooms; Thefts from pharmacies; Thefts from department stores such as Walmart, The Bay, Shoppers’ Drug Mart; Theft from grocery stores such as Loblaws, Fortinos, Costco, and more.

Prooving a Theft Over Offence:

The Crown has to prove, among other things, the identity of the accused, the accused “takes, or concerts to his use or to the use of another person” anything; the accused person does the prohibited conduct with the intent to (i) 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; (ii) to pledge it or deposit it as security; (iii) 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 (iv) 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.  The Crown must further prove that the property was owned by someone (i.e. if there is a complainant, using their statement and any documents relevant to the ownership); the value of the property; continuity of the property; that the accused took the property or converted it; that the owner of the property did not give consent for the accused to take it; and that the prohibited conduct was done “fraudulently and without colour of right”.

 What is Shoplifting?

Shoplifting falls under the same definition of theft under section 334; however, in addition to the general elements of proof for a theft offence, the Crown must prove that the accused did not pay for items or make any attempt to pay; that the accused person did not have the money to pay for the items; and whether the accused had the property in their possession at the time of the arrest.  Theft in terms of shoplifting may be completed where an accused picks the items up with the intent to actually steal the item.

Can a Theft be “de minimus”?

Theft is taken seriously by the Courts, and there are some circumstances where an experienced Criminal Lawyer may argue that the theft constitutes a de minimus offence.  This is usual if the charge is Theft Under $5000, and not theft Over $5000, however.

Defences to Theft Over Charge in Canada:

Some defences to a Theft Over $5000 charge may include that the accused paid for the property; the accused had an honest but mistaken belief that the property was theirs; the accused forgot they were in possession of it; or that the accused was given the property. 

To find out more about defending a Theft Over $5000 charge, contact our Criminal Lawyers at Scardicchio Law Office Professional Corporation to discuss your unique circumstances.