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Why a Theft Charge is Not a Minor Offence
Although theft is sometimes perceived as a “minor” charge, if the value of the thing stolen is over $5,000 then a maximum ten years imprisonment can be imposed, and even theft under $5,000 can be prosecuted by indictment leading to a sentence of up to two years imprisonment. At the very least, any theft runs the risk of you acquiring a criminal record if you don’t have one (even a shoplifting), and of you going to jail if you have a prior record.
Why the Offence of Theft is Very Broad
Section 322 of the Criminal Code defines the offence of theft very broadly, such that really any deprivation of someone else of property can make out the offence of 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.
Why Retain the Firm to Defend You on Your Theft Charge
Accusations of theft where a person was permitted to take an item are not uncommon, leading to potential trial defences requiring qualified criminal defence counsel. Even where substantive defences are challenging, avoiding a conviction (and thus a criminal record) for theft my be possible through negotiations with the prosecutor by way of Crown Pre-Trial (CPT) conferences, or with the court during Judicial Pre-Trial (JPT) conferences, but self-represented accused will find it very difficult to engage in such negotiations without representation of counsel. You can put the firm’s extensive criminal trial and appeal experience to work for you in obtaining the optimal result to a theft charge.