Theft

Property Crimes

Part 9 of the Criminal Code deals with “Offences against the Rights of Property”. At its most basic theft is taking property that does not belong to you and depriving the rightful owner of its use.

Theft is defined is section 322 of the Criminal Code:

Theft

• (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.

Examples of property crime include breaking and entering, shoplifting, taking property that does not belong to you, auto theft,  robbery and extortion  This part of the Criminal Code also deals with credit card theft and fraud, and unauthorized use of a computer. Penalties can very widely depending on the nature and severity of the offence committed, and the value of the property taken (depending on whether the property is worth more or less than $5,000.00)

If you are facing a property crime contact PG. Kent today.  He will help you navigate the complex defence process.