Difference between revisions of "Theft (Offence)"

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===Draft Form of Charges===
 
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==Interpretation of the Offence==
 
==Interpretation of the Offence==

Revision as of 13:37, 23 March 2020


Theft
s. 322 and 334(a), (b) of the Crim. Code
Election / Plea
Crown Election Hybrid / Indictable
summary proceedings must initiate within 12 months of the offence (786(2))
Jurisdiction Varies
Types of Release Release by Officer, Officer-in-Charge, or Judge (varies on charge)
Summary Dispositions
Avail. Disp. Discharge (730)

Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)

Conditional Sentence (742.1)
Minimum None
Maximum two years less a day jail and/or a $5,000 fine (from Sept 19, 2019)
Indictable Dispositions
Avail. Disp. Discharge (730)

Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)
Conditional Sentence (742.1)*

(* varies)
Minimum None
Maximum 2 years incarceration (under)
10 years incarceration (over)
Reference
Offence Elements
Sentence Digests

Overview

Offences relating to theft are found in Part IX of the Criminal Code relating to "Offences Against Rights of Property".

Pleadings
Offence
Section
Offence
Type
Crown Election Defence Election
s. 536(2)
Preliminary Inquiry
s. 334(a) [theft over $5,000] Indictable Offence(s) X Mark Symbol.png OK Symbol.png X Mark Symbol.png (under 14 years max)
s. 334(b) [theft not exceeding $5,000] Hybrid Offence(s) OK Symbol.png X Mark Symbol.png (Absolute Jurisdiction) X Mark Symbol.png (Absolute Jurisdiction)

Offences under s. 334(a) [theft over $5,000] are straight indictable. There is a Defence election of Court under s. 536(2) to trial in provincial court, superior court with a judge-alone or superior court with judge-and-jury.

Offences under s. 334(b) [theft not exceeding $5,000] are absolute jurisdiction offences under s. 553(a) and so does not have a defence election of court. It must be tried by a provincial court judge. There is however a Crown election.

Release
Offence(s) Appearance Notice
by Peace Officer

s. 497
Summons
by Judge or Justice

s. 508(1), 512(1), or 788
Release By
Peace Officer
On Undertaking

s. 498, 499, and 501
Release By
a Judge or Justice
on a release order

s. 515 to 519
Direct to Attend
for Fingerprints, etc.
Identification of Criminals Act

s. 2 ID Crim. Act
s. 334(a) [theft over $5,000] X Mark Symbol.png X Mark Symbol.png X Mark Symbol.png OK Symbol.png OK Symbol.png
s. 334(b) [theft not exceeding $5,000] OK Symbol.png OK Symbol.png OK Symbol.png OK Symbol.png OK Symbol.png

When charged under s. 334(a) [theft over $5,000], the accused cannot be given a summons under s. 497 or released by police under s. 498 and so must be held in custody when arrested. They must then be brought before a judge or justice under s. 503 and are only to be released by release order of a judge or justice pursuant to s. 515. A young person will be subject to a maximum penalty of 3 years under s. 42(15) of the Youth Criminal Justice Act and so may be given an appearance notice or a summons without a s. 495 arrest, and if arrested, can be released by a peace officer under s. 497 on an appearance notice. The young person can also be released by order of a judge or justice under s. 515.

When charged under s. 334(b) [theft not exceeding $5,000] , the accused can be given an appearance notice without arrest under s. 497 or a summons. If arrested, he can be released by the arresting officer under s. 498 or 499 on an undertaking with or without conditions. He can also be released by a justice under s. 515.

Reverse Onus Bail

If police decide to bring the accused before a Justice pursuant to s. 503, there will be a presumption against bail (i.e. a reverse onus) if the offence, prosecuted by indictment, was committed:

  • while at large under s. 515 [bail release], 679 or 680 [release pending appeal or review of appeal] (s. 515(6)(a)(i));
  • "for the benefit of, at the direction of, or in association" with a criminal organization (s. 515(6)(a)(ii));
  • where the offence involved a firearm, cross-bow, prohibited weapon restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, while the accused was subject to a prohibition order preventing possession of these items (s. 515(6)(a)(viii)); or
  • where the accused is not "ordinarily a resident in Canada" (s. 515(6)(b)).

A peace officer who charges a person under s. 334(a) and (b) of the Code can require that person to attend for the taking of fingerprints, photographs or other similar recordings that are used to identify them under the Identification of Criminals Act.

Publication Bans

For all criminal or regulatory prosecutions, there is a discretionary general publication ban available on application of the Crown, victim or witness to prohibit the publishing of "any information that could identify the victim or witness" under s. 486.5(1) where it is "necessary" for the "proper administration of justice". Other available publication bans include prohibitions for publishing evidence or other information arising from a bail hearing (s. 517), preliminary inquiry (s. 539) or jury trial (s. 648). There is a mandatory publication ban in all youth prosecutions on information tending to identify young accused under s. 110 of the YCJA or young victims under s. 111 of the YCJA.

Offence Designations
Offence(s) Wiretap
Eligible

s. 183
Dangerous Offender
Designated Offence

s. 752
Serious Personal
Injury Offence

s. 752
AG Consent Required
s. 334 OK Symbol.png X Mark Symbol.png X Mark Symbol.png X Mark Symbol.png

Offences under s. 334 are designated offences eligible for wiretap under s. 183.

See below in Ancillary Sentencing Orders for details on designations relating to sentencing orders.

Offence Wording

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.
Time when theft completed

(2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.

Secrecy

(3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.

Purpose of taking

(4) For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.
...
R.S., c. C-34, s. 283.

CCC

Punishment for theft

334 Except where otherwise provided by law, every one who commits theft

(a) if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of
(i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or
(ii) an offence punishable on summary conviction; or
(b) if the value of what is stolen is not more than $5,000, 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.

R.S., 1985, c. C-46, s. 334; R.S., 1985, c. 27 (1st Supp.), s. 43; 1994, c. 44, s. 20; 2019, c. 25, s. 122.

CCC


Theft and possession

657.2 (1) Where an accused is charged with possession of any property obtained by the commission of an offence, evidence of the conviction or discharge of another person of theft of the property is admissible against the accused, and in the absence of evidence to the contrary is proof that the property was stolen.

Accessory after the fact

(2) Where an accused is charged with being an accessory after the fact to the commission of an offence, evidence of the conviction or discharge of another person of the offence is admissible against the accused, and in the absence of evidence to the contrary is proof that the offence was committed.
1997, c. 18, s. 80.

CCC

Proof of the Offence

Generally

Proving theft under s. 322 should include:

  1. identity of accused as culprit
  2. date and time of incident
  3. jurisdiction (incl. region and province)
  4. the culprit "takes, or ... converts to his use or to the use of another person" anything;
  5. the culprit does the prohibited conduct with the intent:
    1. 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;
    2. to pledge it or deposit it as security;
    3. 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
    4. 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.
  6. property was owned by someone (use witness or documents under ss. 491.2 and 657.1)
  7. value of the property (either over $5,000 in value or equal or under $5,000)
  8. continuity of the property
  9. file photo of property or actual property as exhibits (s. 491.2)
  10. the culprit took or converted property
  11. the owner did not give permission for the accused to take or convert it
  12. the prohibited conduct was done "fraudulently and without colour of right".

Proving theft of testamentary instrument under s. 322 should include:

  1. the underlying elements of theft under s. 322; and
  2. the subject matter of the theft is a testamentary instrument.

Shoplifting

In a case of shoplifting, Proving theft should include, in addition to the general elements of proof:

  1. that the accused did not pay for items or make attempt to pay
  2. that the accused did not have money to pay for the items
  3. whether the accused had property in possession at time of arrest[1]
  1. see R v Parkes, 2012 SKQB 164 (CanLII), per Acton J, at para 40

Draft Form of Charges

See also: Draft Form of Charges
Pre-ambles
"THAT [accused full name] stands charged that, between the <DATE> day of <MONTH>, <YEAR> and <DATE> day of <MONTH>, <YEAR>***, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR
"THAT [accused full name] stands charged that, on or about the <DATE> day of <MONTH>, <YEAR>, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR
"AND FURTHER at the same time and place aforesaid, he [or she]..."
Code Section Subject of Offence Draft Wording
334 "... contrary to section 334 of the Criminal Code."

Interpretation of the Offence

In a theft case the crown must prove a specific intent of the accused to deprive its owner of the property.[1]

The offence of theft when in the context of shop-lifting is complete even before the accused leaves the store. By picking up the item with the requisite intent to steal is sufficient to make out the offence in its entirety.[2]

Theft can occur where the accused is given money for one known purpose and intentionally uses the money for another purpose.[3]

Returning the item stolen can still amount to a theft.[4]

The theft of a "handful" of nuts from a grocery store was not sufficiently serious for a conviction.[5]

  1. see R v LaFrance, 1973 CanLII 35 (SCC), [1975] 2 SCR 201, per Martland J
  2. eg. R v Beales, 2012 CanLII 582 (NL PC), per Gorman J, at paras 20 to 22
  3. R v Link, 2013 SKQB 138 (CanLII), per Ball J, at para 8
    R v Skalbania, 1997 CanLII 337 (SCC), [1997] 3 SCR 995, per McLachlin J
    R v Bast, 1989 CanLII 4796 (SK CA), (1989) 79 Sask. R. 141, [1989] S. J. No. 558 (Sask. Q.B.), per Halvorson J, at para 73
  4. R v Kosh, [1965] 1 CCC 230 (Sask. C.A.), 1964 CanLII 361 (SK CA), per Culliton CJS
  5. R v Fowler, 2009 SKPC 114 (CanLII), per Harradence J
    see also De Minimus Non Curat Lex

Steal and Theft

See also: Alternative Methods of Theft

s. 2
...
"steal" means to commit theft;
...
R.S., 1985, c. C-46, s. 2; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 2, 203, c. 31 (1st Supp.), s. 61, c. 1 (2nd Supp.), s. 213, c. 27 (2nd Supp.), s. 10, c. 35 (2nd Supp.), s. 34, c. 32 (4th Supp.), s. 55, c. 40 (4th Supp.), s. 2; 1990, c. 17, s. 7; 1991, c. 1, s. 28, c. 40, s. 1, c. 43, ss. 1, 9; 1992, c. 20, s. 216, c. 51, s. 32; 1993, c. 28, s. 78, c. 34, s. 59; 1994, c. 44, s. 2; 1995, c. 29, ss. 39, 40, c. 39, s. 138; 1997, c. 23, s. 1; 1998, c. 30, s. 14; 1999, c. 3, s. 25, c. 5, s. 1, c. 25, s. 1(Preamble), c. 28, s. 155; 2000, c. 12, s. 91, c. 25, s. 1(F); 2001, c. 32, s. 1, c. 41, ss. 2, 131; 2002, c. 7, s. 137, c. 22, s. 324; 2003, c. 21, s. 1; 2004, c. 3, s. 1; 2005, c. 10, s. 34, c. 38, s. 58, c. 40, ss. 1, 7; 2006, c. 14, s. 1; 2007, c. 13, s. 1; 2012, c.1, s. 160, c. 19, s. 371; 2013, c. 13, s. 2; 2014, c. 17, s. 1, c. 23, s. 2, c. 25, s. 2; 2015, c. 3, s. 44, c. 13, s. 3, c. 20, s. 15; 2018, c. 21, s. 12; 2019, c. 13, s. 140; 2019, c. 25, s. 1.

CCC

It is possible to infer theft by way of proving a mysterious disappearance.[1]

  1. e.g. R v Paul, [1977] 1 SCR 181, 1975 CanLII 185 (SCC)(complete citation pending)

Fraudulently

"Fraudulently" refers to the "knowledge that the thing taken is the property of another person."[1]

  1. R v Link, 2013 SKQB 138 (CanLII), per Ball J, at para 7
    R v Lafrance, 1973 CanLII 35 (SCC), [1975] 2 SCR 201, per Martland J, at para 17
    R v Skalbania, 1997 CanLII 337 (SCC), [1997] 3 SCR 995, per McLachlin J, at p. 997

"Colour of Right"

Subject Matter of Theft

The provision states that "anything" can be the subject of theft. This term was interpreted broadly as including both tangibles and intangibles. The subject of theft must be:[1]

  1. be property of some sort
  2. property capable of being
    1. taken or
    2. converted
  3. taken or converted in a way that the owner is deprived of the property in some way.

Confidential information cannot be the subject of theft as the owner is not deprived of the subject.[2] Nor can computer data.[3]

  1. R v Stewart, [1988] 1 SCR 963, 1988 CanLII 86, per Lamer J, at para 41
    cf. R v Cisar, 2014 ONCA 151 (CanLII), per Rosenberg JA (3:0)
  2. Stewart, ibid.
    R v Alexander, 2006 CanLII 26480 (ON SC), per T Ducharme J
  3. R v Maurer, 2014 SKPC 118 (CanLII), per Metivier J
Ownership of Wild Creatures
Theft

322 (1) ...

Wild living creature

(5) For the purposes of this section, a person who has a wild living creature in captivity shall be deemed to have a special property or interest in it while it is in captivity and after it has escaped from captivity.
R.S., c. C-34, s. 283.

CCC

Misc Issues of Proof

Defences

Typical defences will include claims such as:

  • the accused paid for the property (colour of right)
  • the accused was given the property (colour of right)
  • the accused honestly but mistakenly believed the property was theirs (honest but mistaken belief)
  • the accused forgot they were in possession of it (honest but mistaken belief)

Participation of Third Parties

See also: Role of the Victim and Third Parties and Testimonial Aids for Young, Disabled or Vulnerable Witnesses
Testimonial Aids

Certain persons who testify are entitled to make application for the use of testimonial aids: Exclusion of Public (s. 486), Use of a Testimonial Screen (s. 486), Access to Support Person While Testifying (s. 486.1), Close Proximity Video-link Testimony (s. 486.2), Self-Represented Cross-Examination Prohibition Order (s. 486.3), and Witness Security Order (s. 486.7).

A witness, victim or complainant may also request publication bans (s. 486.4, 486.5) and/or a Witness Identity Non-disclosure Order (s. 486.31). See also, Publication Bans, above.

On Finding of Guilt

Under s. 738, a judge must inquire from the Crown before sentencing whether "reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages".

Under s. 722(2), the judge must inquire "[a]s soon as feasible" before sentencing with the Crown "if reasonable steps have been taken to provide the victim with an opportunity to prepare" a victim impact statement. This will include any person "who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss" as a result of the offence. Individuals representing a community impacted by the crime may file a statement under s. 722.2.

Sentencing Principles and Ranges

See also: Purpose and Principles of Sentencing, Sentencing Factors Relating to the Offender, and Sentencing Factors Relating to the Offence
See also: Property and Fraud Offences (Sentencing)
Maximum Penalties
Offence(s) Crown
Election
Maximum Penalty
s. 334(a) [theft over $5,000] N/A 10 years incarceration
s. 334(b) [theft not exceeding $5,000] Summary Election two years less a day jail and/or a $5,000 fine (from Sept 19, 2019)
s. 334(b) [theft not exceeding $5,000] Indictable Election 5 years incarceration

Offences under s. 334(a) [theft over $5,000] are straight indictable. The maximum penalty is 10 years incarceration.

Offences under s. 334(b) [theft not exceeding $5,000] are hybrid. If prosecuted by indictment, the maximum penalty is 5 years incarceration. If prosecuted by summary conviction, the maximum penalty is two years less a day jail and/or a $5,000 fine (from Sept 19, 2019).

Minimum Penalties

These offences have no mandatory minimum penalties.

Available Dispositions
Offence(s) Crown
Election
Discharge
s. 730
Suspended
Sentence

s. 731(1)(a)
Stand-alone
Fine

s. 731(1)(b)
Custody
s. 718.3, 787
Custody and
Probation
s. 731(1)(b)
Custody and
Fine
s. 734
Conditional
Sentence
(CSO)
s. 742.1
s. 334(b)
[theft not exceeding $5,000]
any OK Symbol.png OK Symbol.png OK Symbol.png OK Symbol.png OK Symbol.png OK Symbol.png OK Symbol.png
s. 334(a)
[theft over $5,000]
N/A OK Symbol.png OK Symbol.png OK Symbol.png OK Symbol.png OK Symbol.png OK Symbol.png X Mark Symbol.png

Offences under s. 334(a) [theft over $5,000] are ineligible for a conditional sentence order, when prosecuted by indictment, as the offence is enumerated as ineligible under s. 742.1(f).

Consecutive Sentences

There are no statutory requirements that the sentences be consecutive.

Principles

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]

  1. e.g. see R v Prowse, 1998 CanLII 18024 (NL CA), per Mahoney JA
    R v CC, 2012 CanLII 16721 (NL PC), [2012] N.J. No. 121 (P.C.), per Gorman J
    R v Reid, 2012 CanLII 25696 (NL PC), [2012] N.J. No. 164 (P.C.), per Gorman J

Employee Theft

The goals of denunciation and deterrence require that absent exceptional circumstances, the sentence should include imprisonment. [1]

Offences involving theft of large amounts from an employer by an employee will usually result in a sentence of incarceration.[2] Where exceptional circumstances exist, a conditional sentence may be appropriate.[3]

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).[4]

  1. R v Fulcher, 2007 ABCA 381 (CanLII), per Cote JA, 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.")
  2. Fulcher, supra, at para 30
  3. R v Nguyen, 2011 ABCA 300 (CanLII), per Costigan JA
  4. Veno v R, 2012 NBCA 15 (CanLII), per Richard JA, at para 13
    R v Chaulk, 2005 NBCA 86 (CanLII), per curiam
    R v McKinnon, 2005 ABCA 8 (CanLII), [2005] AJ No 12, per Cote JA -- embezzlement by a bookkeeper
    R v Holmes, 1999 ABCA 228 (CanLII), per curiam -- bank manager stealing from accounts
    R v Reid, 2004 YKCA 4 (CanLII), per Hall JA -- cashier stealing from employer
    R v Pierce, 1997 CanLII 3020 (ON CA), [1997] O.J. No. 715 (C.A.), per Finlayson JA -- comptroller sealing from employer
    R v Dobis, 2002 CanLII 32815 (ON CA), [2002] O.J. No. 646 (C.A.), per MacPherson JA -- fraud by accounting manager
    R v Clarke, 2004 CanLII 7246 (ON CA), [2004] O.J. No. 3438 (C.A.), per curiam -- bank telephone agent stealing from accounts
    R v Bowes (J.M.), (1994), 155 N.B.R. (2d) 321 (C.A.)(*no CanLII links) -- lawyer stealing trust funds

Shoplifting

Shoplift offences have been called "low level crimes of opportunity".[1]

In most cases of shoplifting, without a prior record, the court will order discharges, suspended sentences or fines.[2]

  1. R v Rumsey, [2015] N.J. No. 46, 2015 CanLII 5798 (NL PC), per Skanes J, at para 19
    R v Lush, 2017 CanLII 21181 (NL PC), per Marshall J, at para 78
  2. R v Symes, [2017] N.J. No. 53 (NLPC), 2017 CanLII 29918 (NL PC), per Porter PCJ, at para 17 ("Most shoplifting offences are dealt with by discharges, suspended sentences, or fines...")

Factors

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

Ranges

see also: Theft (Sentencing Cases)

In Newfoundland and Labrador, the range of sentence of retail thefts under $5,000 (ie. shoplifting) will vary between a discharge to "several months to a year" where there is a previous related record.[1]

  1. R v Glasco, 2009 CanLII 2685 (NL PC), per Orr J, at para 30
    R v Pardy, 2016 CanLII 24209 (NL SCTD), per Handrigan J, at para 10
    R v Symes, [2017] N.J. No. 53 (NLPC), 2017 CanLII 29918 (NL PC), per Porter PCJ, at para 17 ("Most shoplifting offences are dealt with by discharges, suspended sentences, or fines. Recidivists are often sentenced to “short, sharp” periods of incarceration. ")
    R v Sutherland, [2014] N.J. No. 228, 2014 CanLII 37667 (NL PC), per Gorman PCJ, at para 19

Ancillary Sentencing Orders

See also: Ancillary Orders
Offence-specific Orders
Order Conviction Description
DNA Orders s. 334(a) [theft over $5,000]
General Sentencing Orders
Order Conviction Description
Non-communication order while offender in custody (s. 743.21) any The judge has the discretion to order that the offender be prohibited "from communicating...with any victim, witness or other person" while in custody except where the judge "considers [it] necessary" to communicate with them.
Restitution Orders (s. 738) any A discretionary Order is available for things such as the replacement value of the property; the pecuniary damages incurred from harm, expenses fleeing a domestic partner; or certain expenses arising from the commission of an offence under s.402.2 or 403.
Victim Fine Surcharge (s. 737) any A discretionary surcharge under s. 737 of 30% of any fine order imposed, $100 per summary conviction or $200 per indictable conviction. If the offence occurs on or after October 23, 2013, the order has smaller minimum amounts (15%, $50, or $100).
General Forfeiture Orders
Forfeiture Conviction Description
Forfeiture of Proceeds of Crime (s. 462.37(1) or (2.01)) any Where there is a finding of guilt for an indictable offence under the Code or the CDSA in which property is "proceeds of crime" and offence was "committed in relation to that property", the property shall be forfeited to Her Majesty the Queen on application of the Crown.
Fine in Lieu of Forfeiture (s. 462.37(3)) any Where a Court is satisfied an order for the forfeiture of proceeds of crime under s. 462.37(1) or (2.01) can be made, but that property cannot be "made subject to an order", then the Court "may" order a fine in "an amount equal to the value of the property". Failure to pay the fine will result in a default judgement imposing a period of incarceration.
Forfeiture of Weapons or Firearms (s. 491) any Where there is finding of guilt for an offence where a "weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of [the] offence and that thing has been seized and detained", or "that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance has been seized and detained, that the item be an enumerated weapon or related item be connected to the offence", then there will be a mandatory forfeiture order. However, under s. 491(2), if the lawful owner "was not a party to the offence" and the judge has "no reasonable grounds to believe that the thing would or might be used in the commission of an offence", then it should be returned to the lawful owner.
Forfeiture of Offence-related Property (s. 490.1) any Where there is a finding of guilt for an indictable offence, "any property is offence-related property" where (a) by means or in respect of which an indictable offence under this Act or the Corruption of Foreign Public Officials Act is committed, (b) that is used in any manner in connection with the commission of such an offence, or (c) that is intended to be used for committing such an offence". Such property is to be forfeited to Her Majesty in right of the province.

Record Suspensions and Pardons

Convictions under s. 334 [theft] are eligible for record suspensions pursuant to s. 3 and 4 of the Criminal Records Act after 5 years for summary conviction offences and 10 years for all other offences. The exception to this would be where the offender was (1) convicted of 3 or more offences with a maximum penalty of life, and (2) for each 3 offences he "was sentenced to imprisonment for two years or more".

See Also

Offences
References

Other Forms of Theft

Sections 323 to 333 provide for more specific instances and exclusions from theft:

  • theft from oyster beds (s. 323)
  • theft by bailee of things under seizure (s. 324)
  • exception when agent is pledging goods (s. 325)
  • theft of telecommunications service (s. 326)
  • possession of device to obtain telecommunication facility or service (s. 327)
  • theft by or from person having special property or interest (s. 328)
  • theft by person required to account (s. 330)
  • theft by person holding power of attorney (s. 331)
  • misappropriation of money held under direction (s. 332)
  • exception for ore taken for exploration or scientific research (s. 333)