Canadian Criminal Sentencing/Offences/Theft Under $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
...
- (b) is guilty
- (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,
where the value of what is stolen does not exceed five thousand dollars.
– CCC
Principles
[edit | edit source]A common offence in most provincial courts. The range of sentences for low end offences range from discharges for first time offenders, fines ($100 to 400), suspended sentence with probation, or short and sharp periods of imprisonment where there is a prior related criminal record.[1]
- ↑
e.g. see R. v. Prowse 1998 CanLII 18024 (NL CA), (1998)
R. v. C.C., [2012] N.J. No. 121 (P.C.)
R. v. Reid, [2012] N.J. No. 164 (P.C.)
Employee Theft
[edit | edit source]The goals of denunciation and deterrence require that absent exceptional circumstances, the sentence should include imprisonment. [1]
- ↑ R v Fulcher, 2007 ABCA 381 at para 30 ("[A]bsent truly exceptional circumstances, the sentencing goals of deterrence and denunciation demand a sentence of imprisonment rather than the imposition of a conditional sentence for crimes of embezzlement or theft by an employee.")
Factors
[edit | edit source]Aggravating Factors
- criminal record for similar offences
- breach of trust
- lack of recovery of items
- inability to compensate owner
Other Factors
- history of alcohol or substance abuse