Theft and Fraud Not Exceeding $5,000 (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.

CCC (CanLII), (DOJ)


Note up: 334

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], 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]

CCC (CanLII), (DOJ)


Note up: 380(1), (1.1) and (2)

Fraud Not Exceeding $5,000

See also: Fraud (Sentencing Cases) and Fraud Between 100k and 1,000k (Sentencing Cases)
Case Name Pr Ct Sentence Amount Summary
2017
R v Song, 2017 ABPC 13 (CanLII), per MacDonald J AB PC 6 months CSO $5,000 approx The offender pleaded guilty to fraud under $5,000 in relation to 16 instances of making fraudulent refunds while working at Hudson's Bay department store.
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Keywords: None
R v Harbour, 2017 QCCA 204 (CanLII) QC CA 6 months suspended sentence $1,870
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Keywords: None
2016
R v Cain, 2016 NSPC 54 (CanLII) NS PC 3 months $3,617 "the offender received a custodial sentence of 3 months for unlawful use of a credit card and fraud under. The offender was the care worker for the elderly victim. The total loss was $3,617."
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Keywords: None
R v Antle,
2016 CanLII 1516 (NL PC), {{{4}}}
NL PC $423.75
2015
R v Murdoch,
2015 NBCA 38 (CanLII), 440 NBR (2d) 7, per Drapeau CJ
NB CA 90 days $1,555
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Keywords: None
2014
R v Girdea, 2014 ONCJ 128 (CanLII), per Nadel J ON PC
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Keywords: None
R v Sutherland,
2014 CanLII 37667 (NLPC), , [2011] NJ No. 64 (P.C.), per Gorman J
NL PC 4 months CSO
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Keywords: employer victim — theft
R v Weatherbee, 2014 SKPC 196 (CanLII), per J SK PC
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Keywords: None
R v Dwyer, 2014 CanLII 71476 (NL PC), per Marshall J NL PC
2013
R v Wright, 2013 ABCA 428 (CanLII), per curiam AB CA $200 fine
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Keywords: shoplifting
2012
R v Zentner, 2012 ABPC 94 (CanLII), per Krinke J AB PC discharge $4,999 offender was a funeral director who was selling cremation containers and caskets but cut corners by using a different product from what was sold
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Keywords: None
R v Hynes,
2012 CanLII 11926 (NLPC), [2012] NJ 422 (NLPC), per Gorman J
NL PC discharge fraud x 2, cashed cheques stolen by boyfriend
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Keywords: None
R v CC, 2012 CanLII 16721 (NLPC), per Gorman J NL PC Suspended Sentence
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Keywords: extensive related record
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
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Keywords: shoplifting
R v DWJ, 2012 BCPC 15 (CanLII), per Brecknell J BC PC 12 months CSO also charged with 5 breaches; over 100 prior convictions
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Keywords: shoplifting
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
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Keywords: employer victim
2011
R v Hoyles, 2011 CanLII 54409 (NL PC) NL PC Conditional Discharge
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Keywords: None
R v Day, 2011 CanLII 8588 (NLPC), per Gorman J NL PC Absolute Discharge
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Keywords: shoplifting
R v Bjarnason, 2011 CanLII 67010 (MBCA), per Moar JA MB CA 4 months CSO $4,250.56
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Keywords: 18-year-old offender — no record — employer victim — $4,250.56 in value — not return
2009
R v Douab, 2009 QCCQ 5734 (CanLII) QC PC 4 months imprisonment
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Keywords: None
R v Rockett,
2009 PECA 7 (CanLII), 873 APR 247, per Murphy JA
PEI CA 5 years (fraud not exceeding x 15)
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Keywords: None
2008
R v Green, 2008 MBPC 15 (CanLII), per Pollack J MB PC "The offender defrauded her employer of $4,400 through a series of seven transactions over 16 days. The offender was 39 years old with 4 children and an unemployed husband. Her rent and heating bills were in arrears. The motive for the crime was “debt management”. The learned sentencing judge imposed a conditional sentence order of 6 months followed by two years of probation." (Quoting from R v Gliddon, 2017 ABPC 38 (CanLII)), at para 57
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Keywords: None
2007
R v Bent, 2007 NSPC 63 (CanLII), per C Williams J NS PC 9 month CSO Offender defrauded employer over many months. Breached trust. Had help of a 3rd party. No prior record. Restitution Order.
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Keywords: None
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.
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Keywords: employer victim
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
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Keywords: shoplifting
R v Hicks, 2007 NLCA 41 (CanLII), per J NL CA
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Keywords: None
2006
R v Kashuba, 2006 SKCA 103 (CanLII), per Richards JA SK CA
2004
R v Gordon, 2004 BCCA 294 (CanLII), per Braidwood JA BC CA 20 months imprisonment
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Keywords: None
2003
R v Callaghan, 2003 NSSC 16 (CanLII), per Robertson J NS SC Absolute Discharge
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Keywords: shoplifting
2002
R v McSween, 2002 NSSC 225 (CanLII), per LeBlanc J NS SC discharge The offender was charged with fraud under $5,000. " McSween held himself out as a dispensing pharmacist and asked a pharmacist at another pharmacy to provide him with Dilaudid tablets, claiming his pharmacy had run out of the drugs and that a customer required them. McSween had a drug addiction and the drugs were for his personal use. As in this case, McSween voluntarily sought treatment for his addiction, pleaded guilty and had no prior criminal record. " [Source]
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Keywords: None
R v Hartz, 2002 ABCA 108 (CanLII), per Paperny JA AB CA 18 months imprisonment $123,860
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Keywords: shoplifting — employer victim — no recovery
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
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Keywords: shoplifting
2000
R v Whitemanleft, 2000 ABPC 68 (CanLII), per Fraser J AB PC 3 months imprisonment (after remand) possess doctors’ prescription forms; $300+ merchandise
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Keywords: shoplifting
1999
R v Ryan, 1999 CanLII 32453 (NB KB), per Rideout J NB SC
1998
R v Prowse, 1998 CanLII 18024 (NL CA), per Mahoney JA NL CA discharge offender stole a generator--appealed $500 fine
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Keywords: None
1996
R v Johnson, (1996), 147 N.S.R.(2d) 105 (S.C.)(*no CanLII links) NS SC 1 month imprisonment $4000 offender was admissions officer at correctional facility; handled payment of fines; on 9 occasions over 6 years stole $4000; offender age 45, no record, breach of public trust
Keywords: None
R v Caron, 1996 CanLII 7024 (SK KB) SK SC
R v Galaugher, 1996 CanLII 18243 (MB CA), per Lyon J MB CA
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Keywords: None
1993
R v Berry, 1993 ABCA 376 (CanLII), per Irving JA AB CA 18 months imprisonment
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Keywords: horses
R v Larmer, 1993 CanLII 6616 (SK CA) SK CA
R v Stewart, 1993 CanLII 6606 (SK CA), per Vancise JA SK CA
1992
R v Dahlin, 1992 CanLII 1204 (BCCA), per McEachern CJ BC CA 6 months imprisonment 5 thefts; long but dated criminal record; original judge gave 12 months
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Keywords: shoplifting
1991
R v Munroe,
1991 CanLII 2485 (NSCA), , 101 N.S.R.(2d) 360 (CA), per Clarke CJ
NS CA 14 days $3998 age 18, over several months defrauded employer of $3998
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Keywords: None
1983
R v Brink, 1983 CarswellBC 1623, [1983] B.C.W.L.D. 2275, [1983] BCJ No 364(*no CanLII links) BC discharge Offender was a paramedic who stole drugs to feed a narcotics addiction.
Keywords: None
1979
R v Geddes, 1979 CanLII 2854 (MB CA), per J MB CA
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Keywords: None