Canadian Criminal Sentencing/Offences/Theft Over $5,000
| Theft | |
|---|---|
| s. 322 of the Crim. Code | |
| Election / Plea | |
| Crown Election | Hybrid (Under) Indictable (Over) |
| Summary Dispositions | |
| Maximum | 6 months jail or $5,000 fine (under or equal to $5,000) |
| Indictable Dispositions | |
| Maximum | 10 years (over $5,000) 2 years (under or equal to $5,000) |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
Legislation
[edit | edit source]334. Except where otherwise provided by law, every one who commits theft
- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or
...
– CCC
Application
[edit | edit source]Principles
[edit | edit source]Employee Theft
Offences involving theft of large amounts from an employer by an employee will usually result in a sentence of encarceration.[1] Where exceptional circumstances exist, a conditional sentence may be appropriate.[2]
Theft of money by person who are entrusted with it in the course of his employment amounts to a abuse of trust within the meaning of s.718.2(a)(iii).[3]
- ↑ R v Fulcher, 2007 ABCA 381, 422 AR 329 at para 30 [1]
- ↑ R. v. Nguyen, 2011 ABCA 300
- ↑
Veno v. R., 2012 NBCA 15 at 13
R. v. Chaulk, 2005 NBCA 86
R. v. McKinnon, 2005 ABCA 8, [2005] A.J. No. 12 -- embezzlement by a bookkeeper R. v. Holmes, 1999 ABCA 228 -- bank manager stealing from accounts
R. v. Reid, 2004 YKCA 4 -- cashier stealing from employer R. v. Pierce, [1997] O.J. No. 715 (C.A.) -- comptroller sealing from employer
R. v. Dobis, [2002] O.J. No. 646 (C.A.) -- fraud by accounting manager
R. v. Clarke, [2004] O.J. No. 3438 (C.A.) -- bank telephone agent stealing from accounts R. v. Bowes (J.M.), (1994), 155 N.B.R. (2d) 321 (C.A.) -- lawyer stealing trust funds