Theft and possession of stolen goods

Have you been charged with a theft, possession of stolen goods or robbery offence? What is the scope of the theft offence and the consequences of it?

Elements of the offence of theft

The offence of theft is set out in section 322(1) of the Criminal Code. The following must be demonstrated:

• Something belonging to another has been taken;
• The person who took the thing did so fraudulently and without colour of right, that is, they knew they had no right in respect of the thing;
• It was taken for the purpose of depriving its owner or a beneficiary of the thing, whether temporarily or permanently.

Under the Criminal Code, theft will be committed as soon as the individual moves, causes to be moved or makes removable with the intent to steal it.

Evidence to be proven

The first step is to demonstrate the physical element, that is, that something with an owner was stolen by someone who was not entitled to it.

It must also be shown beyond a reasonable doubt that the accused did intend to deprive the owner of the stolen thing fraudulently and without colour of right. It is then a question of proving the intention of the accused and the fact that he knew he had no right in respect of the object that was taken.

Colour of right defence

In some cases, a person could be acquitted on the colour of right defence. An individual can raise this defence if they sincerely and honestly believed that they were entitled to take the matter.

On the other hand, taking something belonging to another person and thinking that the object does not appear to have any meaning or value to that person will not be a valid defence to a charge of theft.

Penalties for shoplifting

Penalties vary depending on the value of the stolen property. More specifically, they are divided into two categories: theft of property valued at more than $5,000 and theft valued at less than $5,000.

• Under the Criminal Code, if the value of the property infringed exceeds $5,000, the person guilty of a theft offence could face up to 10 years in prison.
• For theft of property valued at $5,000 or less, the Criminal Code provides that a person convicted of a theft offence could face imprisonment for up to 2 years.

Possession of stolen goods

This infraction is the possession of property that has been criminally obtained. It includes, among other things, a person who is in possession of a thing that was obtained as a result of theft. To be charged with this offence, a person who comes into possession of such property must have knowledge that the property is derived from the commission of an offence.

For example, a person who buys a bicycle sold by his friend, knowing that it has been stolen, may be charged with receiving stolen goods.

Penalties for the possession of stolen goods

The penalties for a person who commits the offence of receiving stolen goods are set out in section 355 of the Criminal Code. As in the case of the offence of theft, the penalties are divided into two categories: items with a value exceeding $5,000 and those with a value of $5,000 or less.

• The Criminal Code provides that if the value of the property concealed exceeds $5,000, the person guilty of the offence could face imprisonment for up to 10 years.
• If the value of the property concealed is $ 5000 or less, the individual will rather face a maximum imprisonment of 2 years.

Robbery

The Criminal Code specifically provides for robbery offences. Robbery has the same components as shoplifting, but the theft must also have been committed using threats, violence or a weapon. This offence therefore has an additional requirement over the simple offence of theft and also carries harsher penalties.

Penalties for robbery

Given the presence of aggravating circumstances, the Criminal Code provides that the penalty for a robbery offence can be up to life imprisonment.

However, in the case of robbery involving a firearm, the Criminal Code also adds a minimum sentence. Indeed, this minimum sentence will be 5 years in the case of the first offence or 7 years in the case of a repeat offence.

If you have been charged with a theft or concealment offence, the consequences can be serious. Call us now for a confidential consultation with a criminal lawyer.