Theft (Sentencing Cases)

This page was last substantively updated or reviewed January 2018. (Rev. # 91294)

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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.

– CCC (CanLII), (DOJ)

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Under $5,000

Case Name	Prv.	Crt.	Sentence	Summary
R v Sutherland, 2014 CanLII 37667 (NLPC), , [2011] NJ No. 64 (P.C.), per Gorman J	NL	PC	4 months CSO	Find summaries of case.
R v Wright, 2013 ABCA 428 (CanLII), per curiam	AB	CA	$200 fine	Find summaries of case.
R v CC, 2012 CanLII 16721 (NLPC), per Gorman J	NL	PC	Suspended Sentence	Find summaries of case.
R v Reid, 2012 CanLII 25696 (NLPC), per Gorman J	NL	PC	2 months CSO	The offender stole clothing on two dates--prior related record with prior CSO Find summaries of case.
R v DWJ, 2012 BCPC 15 (CanLII), per Brecknell J	BC	PC	12 months CSO	also charged with 5 breaches; over 100 prior convictions Find summaries of case.
R v Edmunds, 2012 NLCA 26 (CanLII), per White JA	NL	CA	discharge	guard at jail steals from employer--diagnosed with depression--heard in mental health court Find summaries of case.
R v Bjarnason, 2011 CanLII 67010 (MBCA), per Moar JA	MB	CA	4 months CSO	$4,250.56 Find summaries of case.
R v Day, 2011 CanLII 8588 (NLPC), per Gorman J	NL	PC	Absolute Discharge	Find summaries of case.
R v Gray, 2007 NBCA 54 (CanLII), 2006 CarswellNB 808, per curiam	NB	CA	6 months CSO	theft of 25 Oxycodone. The offender gave a confession and stated that she was considering selling some. Crown sought 6 to 9 months jail. Defence sought shorter CSO. Leave to appeal refused. Find summaries of case.
R v McLeod, 2007 YKTC 39 (CanLII), per Ruddy J	YK	SC	9 months after 2 mo remand	lengthy property-related record; unhelpful PSR; 6 thefts; 1 possession; 1 breach; theft to support habit Find summaries of case.
R v Callaghan, 2003 NSSC 16 (CanLII), per Robertson J	NS	SC	Absolute Discharge	Find summaries of case.
R v Hartz, 2002 ABCA 108 (CanLII), per Paperny JA	AB	CA	18 months imprisonment	defraud employer of $123,860; none recovered Find summaries of case.
R v Schell, 2002 ABQB 382 (CanLII), per Lee J and 2002 ABQB 439 (CanLII), per Lee J	AB	SC	discharge	possession of stolen property; stereo equipment Find summaries of case.
R v Whitemanleft, 2000 ABPC 68 (CanLII), per Fraser J	AB	PC	3 months imprisonment (after remand)	possess doctors’ prescription forms; $300+ merchandise Find summaries of case.
R v Prowse, 1998 CanLII 18024 (NL CA), per Mahoney JA	NL	CA	discharge	offender stole a generator--appealed $500 fine Find summaries of case.
R v Berry, 1993 ABCA 376 (CanLII), per Irving JA	AB	CA	18 months imprisonment	Find summaries of case.
R v Dahlin, 1992 CanLII 1204 (BCCA), {{{4}}}, per McEachern CJ	BC	CA	6 months imprisonment	5 thefts; long but dated criminal record; original judge gave 12 months Find summaries of case.
R v Simmonds, 1983 ABCA 283 (CanLII), per McGillivray CJ	AB	CA	18 months imprisonment	"Mr. Simmonds had accumulated an unenviable record. He stole a truck worth some $10,000. He was sentenced to 10 months jail for that. A few days later, before that matter went to Court, he took possession of another stolen truck, got some wire cutters, and entered a field where there was a horse. He took the horse into the City, and proceeded to sell it to a stockyard. He was charged with theft of a horse, possession of a stolen truck and possession of stolen vehicle identification numbers. The judge imposed a sentence of one year consecutive the theft, 4 months concurrent, and another year concurrent. This led to a global sentence of 22 months. The Court of Appeal felt that the one year consecutive should be replaced with a jail term of six months consecutive, because the global sentence was too long, and therefore ruled that the sentence should be reduced using the totality principle" (Quoting from R v Jones, 2017 ABPC 69 (CanLII)), at para 32 Find summaries of case.

Over $5,000

Case Name	Prv.	Crt.	Sentence	Summary
R v Newell, 2021 CanLII 134888 (NL PC), per Orr J	NL	PC	990 days imprisonmentplus 2 years probation	Find summaries of case.
R v Brassard, 2023 QCCQ 1063 (CanLII), per Cimon J	QC	PC	3 months imprisonment	Find summaries of case.
R v Cvetas, 2022 ONSC 1640 (CanLII), per Forestell J	ON	SC	12 months imprisonment (theft)	Find other summaries.
R v Williams, 2022 QCCQ 3291 (CanLII), per Galiatsatos J	QC	PC	2 years less a day	Find other summaries.
R v Riasyk, 2021 ONSC 5981 (CanLII), per LaFrance-Cardinal J	ON	SC	8 months imprisonment	Find summaries of case.
R v Downey, 2012 NBCA 78 (CanLII), per curiam	NB	CA	15 months imprisonment	stolen tractor worth $66k Find summaries of case.
R v Keeping, 2012 CanLII 17398 (NLSC), per Stack J	NL	SC	discharge	husband exercised self-help to property he wanted from ex-wife Find summaries of case.
R v Magas, 2012 ABCA 61 (CanLII), per curiam (2:1)	AB	CA	9 months imprisonment	$34,545 stolen. Offender was employed to collect rents, stole rent money-judge rejected an 18 month CSO recommendation. CA upheld it. Find summaries of case.
R v Moore, 2012 ONCA 763 (CanLII), per curiam	ON	CA	3 years imprisonment	theft of a motor vehicle, valued over $5,000. Find summaries of case.
R v Rideout, 1990 CanLII 7050 (NL SC), per Steele JA (ad hoc)	NL	SC	12 years

Theft from Employer

Case Name	Prv.	Crt.	Sentence	Summary
R v Mason, 2017 ONSC 1509 (CanLII), per Broad J	ON	SC	4 months imprisonment	$20,000 (approx)
R v Perez, 2012 ABCA 393 (CanLII), per curiam	AB	CA	12 months imprisonment	$116,000 stolen, $49k not recovered. History of gambling addiction. Overturn sentence of 2 year less a day CSO. Find summaries of case.
R v McIntosh, 2012 ONCJ 216 (CanLII), per Hearn J	ON	PC	discharge	RIM employee steals 12 blackberry phones Find summaries of case.
R v Suhr, 2002 CanLII 13476 (ON CA), [2002] O.J. No. 4315 (CA), per curiam	ON	CA	6 months imprisonment	theft over; employee of bell Canada stole a quantity of telephones from Bell over one year; money used to support gambling addiction Find summaries of case.
R v Bennett, 1990 CanLII 2430 (NSCA), (1990), 96 N.S.R.(2d) 121 (NSCA), per Chipman JA	NS	CA	6 months imprisonment	$5,743 stolen, offender guilty of theft from employer over 1 month-- no record, age 23--under stress at time--appeal from 18 month sentence--CA says breach of trust requires jail Find summaries of case.
R v Crowell, 1997 CanLII 776 (NS SC), per Macdonald J	NS	SC	20 months (JR)	$64,000 stolen. Offender was a former police chief charged with 5 counts of theft. Used position of trust. Find summaries of case.

Theft of a Motor Vehicle

Case Name	Prv.	Crt.	Sentence	Summary
R v Alcorn, 2021 NSCA 75 (CanLII), per Derrick JA	ON	CA	90 days imprisonment	Find other summaries.
R v Houle, 2013 ABCA 141 (CanLII), per Bielby JA	AB	CA	15 months imprisonment + P	accused stole police vehicle for joy ride. Had 37 prior offences. Find summaries of case.

See Also

• Fraud (Sentencing Cases)
• Obtaining Property by False Pretences (Sentencing Cases)
• Possession of Stolen Property (Sentencing Cases)
• Break and Enter (Sentencing Cases)