View source for Possession of Stolen Property (Offence)

{{LevelZero}}{{HeaderOffences}}

{{OffenceBox |OffenceTitle=Possession of Stolen Property |OffencePage=Possession of Stolen Property |Section=355 |Act={{OBCCC}} |CrownElection={{OBIndictableElection}} (Over)<Br> {{OBHybridElection}} (Under) |Jurisdiction= 355(a):<Br>{{OBJurisdictionAll}}<Br>  355(b):<br>{{OBJurisdictionAbsolute}} |Bail={{OBBailVar}} |SummaryDisp= {{OBDispAll}} |SummaryMin= {{OBMinNone}} |SummaryMax= {{OBSConviction}} |IndictableDisp= {{OBDispSame}} |IndictableMin= {{OBMinNone}} |IndictableMax= {{OBTime|2, 10 years}} }}

==Overview==
{{OverviewIX|possession of stolen property}}

; Pleadings
{{PleadingsHeader}}
{{PleadingsAbsoluteList|s. 355(b) [value less than $5,000] }}
{{PleadingsIndictableList|s. 355(1) [value equal or greater than $5,000] | {{NA}} | Yes }}
{{PleadingsEnd}}

The offence of possession of stolen property of value of $5,000 or less is [[List of Hybrid Offences|hybrid]] with a Crown election.  Where the offence involves "unlawfully having in his possession any property or thing or any proceeds of any property or thing knowing that all or a part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from the commission in Canada of an offence punishable by indictment or an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment" where the value is of $5,000 or less it is an [[Absolute Jurisdiction Offences|absolute jurisdiction offence under s. 553(a)(iii)]] and so does ''not'' have a defence election of court. It must be tried by a provincial court judge.

{{PleadingsIndictElection|s. 355(a) [value of $5,000 or more]}}

; Release
{{ReleaseHeader}}
|s. 355(a) || {{ReleaseProfileOnlyBail}} 
|-
|s. 355(b) || {{ReleaseProfileAll}} 
|-
{{ReleaseEnd}}

{{ReleaseAllOptions|s. 355(b)}}

{{ReleaseOnlyBail|s. 355(a)}}

:''Reverse Onus Bail''
{{ReverseOnusCirc}}

:''Fingeprints and Photos''
{{IDCriminalAct|s. 355(a) or (b)}}

; Publication Bans
{{GeneralPubBan}}

; Designations

{{SeeBelowForAncillary}}

==Offence Wording==
{{quotation|
; Possession of property obtained by crime
354. (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from
:(a) the commission in Canada of an offence punishable by indictment; or
:(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.<br>

; Obliterated vehicle identification number
(2) In proceedings in respect of an offence under subsection (1), evidence that a person has in his possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained, and that such person had the motor vehicle or part, as the case may be, in his possession knowing that it was obtained,
:(a) by the commission in Canada of an offence punishable by indictment; or
:(b) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.<br>

....<br>
; Exception
(4) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or a thing or the proceeds of property or a thing mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.
<br>
R.S., 1985, c. C-46, s. 354; 1997, c. 18, s. 23.
|[http://canlii.ca/t/7vf2#sec355 CCC]
}}

{{quotation|
; Punishment
355. Every one who commits an offence under section 354
:(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
:(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 the subject-matter of the offence does not exceed five thousand dollars.

R.S., 1985, c. C-46, s. 355; R.S., 1985, c. 27 (1st Supp.), s. 49; 1994, c. 44, s. 21.
|[http://canlii.ca/t/7vf2#sec355 CCC]
}}


==Proof of the Offence==
{{ElementHeader}}
{{ElementLeft}}

{{Proving|possession of stolen property|354(1)}}
{{InitialElements}}
# {{box}} the culprit was in possession of any property, thing, or proceeds of any property or thing;
# {{box}} the culprit knew or should have known that the any part of the subject-matter wa obtained by "commission in Canada of an offence punishable by indictment" or "an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment";
# {{box}} date of actual theft of the items
# {{box}} property was [[Proof of Ownership|owned by someone]] (use witness or documents under ss. 491.2 and 657.1)
# {{box}} that the lawful owner did not give or lend the goods to anyone
# {{box}} the owner did not give permission for the culprit to take or convert it
# {{box}} the items were not given to the culprit in good faith (no colour of right)
# {{box}} value of the  property
# {{box}} continuity of the property 
# {{box}} file photo of property or actual property as exhibits (s. 491.2)
# if shoplifting,
## {{box}} that the culprit did not pay for items or make attempt to pay
## {{box}} that the culprit did not have money to pay for the items
## {{box}} whether the culprit had property in possession at time of arrest

{{Proving|possession of a motor vehicle with an obliterated vehicle identification number|354(2)}}
# {{box}} the underlying elements of possession under s. 354(2);
# {{box}} the culprit has possession a "motor vehicle" or "part of a motor vehicle"; and
# {{box}} the "vehicle identification number" associated with the vehicle or part has "been wholly or partially removed or obliterated".

{{ElementEnd}}

==Interpretation of the Offence==

{{reflist|2}}

==="property"===
{{quotation|
s. 2<Br>...<Br>
“property” includes
:(a) real and personal property of every description and deeds and instruments relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods,
:(b) property originally in the possession or under the control of any person, and any property into or for which it has been converted or exchanged and anything acquired at any time by the conversion or exchange, and
:(c) any postal card, postage stamp or other stamp issued or prepared for issue under the authority of Parliament or the legislature of a province for the payment to the Crown or a corporate body of any fee, rate or duty, whether or not it is in the possession of the Crown or of any person;<br>

<br>...<br>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.
|[http://canlii.ca/t/7vf2#sec2 CCC]
}}

The definition of property under s. 2 does ''not'' include "interest in property".<ref>
''R v Brunner'', [http://canlii.ca/t/2dc4p 1995 ABCA 120] (CanLII)
</ref>

{{quotation|
'''Definition of “property”'''<br>
428. In this Part [''Part XI - Wilful and Forbidden Acts in Respect of Certain Property (s. 428 to 447.1)''], “property” means real or personal corporeal property.
<br>
R.S., c. C-34, s. 385.<Br>[''annotations added'']
|[http://canlii.ca/t/7vf2#sec428 CCC]
}}

{{quotation|
'''Postcard a chattel, value'''<br>
4 (1) For the purposes of this Act, a postal card or stamp referred to in paragraph (c) of the definition property in section 2 shall be deemed to be a chattel and to be equal in value to the amount of the postage, rate or duty expressed on its face.
...<br>
|[http://canlii.ca/t/7vf2#sec4 CCC]
}}

==="Vehicle Identification Number"===
{{quotation|
354.<br>...<br>
'''Definition of “vehicle identification number”'''<br>
(3) For the purposes of subsection (2), “vehicle identification number” means any number or other mark placed on a motor vehicle for the purpose of distinguishing the motor vehicle from other similar motor vehicles.
<br>
...<br>
R.S., 1985, c. C-46, s. 354; 1997, c. 18, s. 23.
| [http://canlii.ca/t/7vf2#sec354 CCC]
}}

===Evidence of Conviction of Third Parties===

{{quotation|
; 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.
<br>
; 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.
<br>
1997, c. 18, s. 80.
|[http://canlii.ca/t/7vf2#sec354 CCC]
}}

===Joint Trial for Theft or Trafficking===
{{quotation|
; Trial of persons jointly
593 (1) Any number of persons may be charged in the same indictment with an offence under section 354 or 355.4 or paragraph 356(1)(b), even though
:(a) the property was had in possession at different times; or
:(b) the person by whom the property was obtained
::(i) is not indicted with them, or
::(ii) is not in custody or is not amenable to justice.

; Conviction of one or more
(2) Where, pursuant to subsection (1), two or more persons are charged in the same indictment with an offence referred to in that subsection, any one or more of those persons who separately committed the offence in respect of the property or any part of it may be convicted.
<br>
R.S., 1985, c. C-46, s. 593; 2010, c. 14, s. 11.
|[http://canlii.ca/t/7vf2#sec593 CCC]
}}

==Participation of Third Parties==
{{seealso|Role of the Victim and Third Parties|Testimonial Aids for Young, Disabled or Vulnerable Witnesses}}

; Testimonial Aids
{{3rdPTestimonyAids}}

; On Finding of Guilt
{{606Notice5Y|s. 355(a) [value exceeding $5,000 or testamentary instruments]}}

{{RestitutionNotice}}

{{VISNotice}}

==Sentencing Principles and Ranges==
{{seealsoSentencing}}
{{seealsoSentencingProperty}}

; Maximum Penalties
{{SProfileMaxHeader}}
{{SProfileMax|s. 355(a) [value exceeding $5,000 or testamentary instruments]| {{NA}} | 10 years custody }}
{{SProfileMax|s. 355(b) [value not exceeding $5,000] | Summary Election | {{summaryconviction}} }}
{{SProfileMax|s. 355(b) [value not exceeding $5,000] | Indictable Election | 2 years custody }}
{{SProfileEnd}}

{{MaxPenaltyIndictment|s. 355(a) [value exceeding $5,000 or testamentary instruments]|'''10 years incarceration'''}}
{{MaxPenaltyHybrid|s. 355(b)|'''2 years incarceration'''|'''{{summaryconviction}}'''}}

; Minimum Penalties
{{NoMinimumPenalties}}

; Available Dispositions
{{SProfileAvailHeader}}
|s. 355(a) || any || {{SProfileAll}}
|-
|s. 355(b) || any || {{SProfileAll}}
|-
{{SProfileEnd}}

{{AllDispositionsAvailable}}

; Consecutive Sentences
{{NoConsecutive}}

===Principles===

===Ranges===
{{seealsoRanges|Possession of Stolen Property}}

==Ancillary Sentencing Orders==
{{seealso|Ancillary Orders}}
	
; Offence-specific Orders
{{AOrderHeader}}

{{AOrder1| [[DNA Orders]]|s. 355(a)|
* {{SecondDNA(AorB)|s. 355(a)}} }}
 
{{AOrderEnd}}

'''General Sentencing Orders'''
{{GeneralSentencingOrders}}

'''General Forfeiture Orders'''
{{GeneralForfeitureOrders}}

==See Also==
* [[Pre-Trial and Trial Motions Checklist]]
{{OffencesNavBar/Property}}

[[Category:Absolute Jurisdiction Offences]]


[[Category:Offences Punishable on Summary Conviction]]
[[Category:Offences with Maximum Penalty of 2 Years]]
[[Category:Offences with Maximum Penalty of 10 Years]]