Theft and Fraud (Sentencing Cases): Difference between revisions
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[[fr:Vol et fraude (jurisprudence des peines)]] | |||
{{Currency2|January|2024}} | |||
{{LevelZero}} | {{LevelZero}} | ||
{{HeaderSentCases}} | {{HeaderSentCases}} | ||
{{OffencesBoxMini|Theft}} | |||
{{OffencesBoxMini|Fraud}} | {{OffencesBoxMini|Fraud}} | ||
== | ==Offence Wording== | ||
<div class="mw-collapsible mw-collapsed"> | |||
{{quotation2| | |||
; 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., {{LegHistory80s|1985, c. C-46}}, s. 334; | |||
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 43; | |||
{{LegHistory90s|1994, c. 44}}, s. 20; | |||
{{LegHistory10s|2019, c. 25}}, s. 122. | |||
|{{CCCSec2|334}} | |||
|{{NoteUp|334}} | |||
}} | |||
{{ | {{quotation2| | ||
; Fraud | |||
380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service, | |||
:(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen 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,<br> | |||
where the value of the subject-matter of the offence does not exceed five thousand dollars. | |||
<br> | |||
; Minimum punishment | |||
(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1) {{AnnSec3|380(1)A}}, the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars. | |||
<br> | |||
; Affecting public market | |||
(2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. | |||
{{ | R.S., {{LegHistory80s|1985, c. C-46}}, s. 380; | ||
{{LegHistory80s|R.S., 1985, c. C-46}}, s. 380; | |||
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 54; | |||
{{LegHistory90s|1994, c. 44}}, s. 25; | |||
{{LegHistory90s|1997, c. 18}}, s. 26; | |||
{{LegHistory00s|2004, c. 3}}, s. 2; | |||
{{LegHistory10s|2011, c. 6}}, s. 2. | |||
{{Annotation}} | |||
|{{CCCSec2|380}} | |||
|{{NoteUp|380|1|1.1|2}} | |||
}} | |||
</div> | |||
==Theft and Fraud Not Exceeding $5,000== | |||
* [[Theft and Fraud Not Exceeding $5,000 (Sentencing Cases)]] | |||
==Fraud over $5,000== | |||
* [[Theft and Fraud Over $1,000,000 (Sentencing Cases)]] | |||
* [[Theft and Fraud Between $100k and $1,000k (Sentencing Cases)]] | |||
* [[Theft and Fraud Between $5k and $100k (Sentencing Cases)]] | |||
==Services Fraud== | |||
* [[Fraud on the Government (Sentencing Cases)]] | |||
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==Unpublished== | ==Unpublished== | ||
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==References== | ==References== | ||
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==See Also== | ==See Also== | ||
* [https://www.dollartimes.com/inflation/inflation.php Online Inflation Calculator] | * [https://www.dollartimes.com/inflation/inflation.php Online Inflation Calculator] | ||
* [[Obtaining Property by False Pretences (Sentencing Cases)]] | |||
* [[Possession of Stolen Property (Sentencing Cases)]] | |||
* [[Obtaining Property by False Pretences (Sentencing Cases)]] | |||
* [[Break and Enter (Sentencing Cases)]] | |||
Latest revision as of 13:10, 10 November 2024
| This page was last substantively updated or reviewed January 2024. (Rev. # 96757) |
- < Sentencing
- < Cases
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Offence Wording
- 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.
- Fraud
380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
- (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen 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.
- Minimum punishment
(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1) [fraud[1]], the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.
- Affecting public market
(2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., 1985, c. C-46, s. 380; R.S., 1985, c. C-46, s. 380; R.S., 1985, c. 27 (1st Supp.), s. 54; 1994, c. 44, s. 25; 1997, c. 18, s. 26; 2004, c. 3, s. 2; 2011, c. 6, s. 2.
[annotation(s) added]
Theft and Fraud Not Exceeding $5,000
Fraud over $5,000
- Theft and Fraud Over $1,000,000 (Sentencing Cases)
- Theft and Fraud Between $100k and $1,000k (Sentencing Cases)
- Theft and Fraud Between $5k and $100k (Sentencing Cases)
Services Fraud
See Also
- Online Inflation Calculator
- Obtaining Property by False Pretences (Sentencing Cases)
- Possession of Stolen Property (Sentencing Cases)
- Obtaining Property by False Pretences (Sentencing Cases)
- Break and Enter (Sentencing Cases)
- ↑ Found elsewhere in this same page.