Theft, the taking of objects fraudulently or without permission, can result in serious punishments. However, the punishments are not all the same and the value of the stolen item(s) plays a role in the charge
There are 2 kinds of charges for theft under section 334 of the Criminal Code: Theft under $5000 and theft over $5000.
Both theft under and over $5000 are hybrid offences. This is also known as dual procedure or a crown electable. Hybrid offences allow the Crown to decide how to proceed. They may process by way of indictment, or they may try it as a summary conviction. The maximum punishment for indictable charge is higher while summary is a lower maximum punishment. When the Crown is deciding how to proceed, they make take into consideration the defendant’s criminal record, violence of the crime, the amount of money involved and more.
Theft under $5000
- If the crowd proceeds by way of indictment, the maximum punishment is 2 years imprisonment
- If the crown proceeds by way of summary, the maximum punishment is a $5000 fine and up to 6 months imprisonment
Theft over $5000
- If the Crown proceeds by way of indictment, the maximum punishment is 10 years imprisonment
- If the crown proceeds by way of summary, the maximum punishment is a $5000 fine and up to 6 months imprisonment
It is important to note that motor vehicle theft does not fall under the category of theft over $5000. It is its own section and has its own set of punishments in the Criminal Code
Theft charges can be difficult to navigate. That is why it is important to have trusted, experienced lawyers by your side. If you are charged with theft, contact our office today at (905) 541-2228 or fill out a form for a free consultation.
