Theft is an offence under section 322 of the Criminal Code. To prove theft, the Prosecutor must show that the accused took property that belonged to the victim for their own use, fraudulently and without colour of right. The Prosecutor must also demonstrate that in taking the property, the accused meant to deprive the victim of the victim’s interest in the property, even only if temporarily.
For more information about what “fraudulently” means, click here.
Colour of right means that the accused may have honestly believed, although mistakenly, that they had a legal justification or excuse for their actions. For example, if the person removed an object from their neighbor’s property, genuinely believing it belonged to them.
If you are facing a Theft charge, we encourage you to reach out to us without delay. We offer a free consultation to discuss your situation and explore the available options.
This is often one of the most charged offences. To prove this offence, the Prosecutor must prove that the accused (i) was in possession of property, a thing or proceeds that (ii) were obtained through the commission of a crime and (iii) that the accused knew that the the property, thing or proceeds were obtained through a crime.
Possession can be established by personal or constructive possession. Personal possession is the physical or actual possession of a thing i.e. physical possession of a thing on your person or in car with you. Constructive possession is presumed possession or when possession is attributed to a person by establishing knowledge of the property being in a particular place and that the person had the ability to exercise some measure of control over the property. Often, this means the Prosecutor will need to lead circumstantial evidence linking the stolen property to the individual charged. This might include evidence of the following things: the item is found in the person’s home; DNA or fingerprints found on the item; the stolen property is found in a place the person charged is known to hang out or be; evidence that the person charged has been found with the same type of stolen property in the past.
Often, the biggest hurdle for the Prosecution in these cases is proving the knowledge component to the offence i.e. proving the person charged knew that the property was stolen or obtained through a crime.
If you or someone you know is facing a possession of property obtained by crime charge, we encourage you to reach out to us without delay. We offer a free consultation to discuss your situation and explore the available options.
Trafficking in Property Obtained by Crime is an offence under section 355.2 of the Criminal Code. To prove this offence, the Prosecutor must show that the accused “trafficked” in any property or thing, or any proceeds of any property or thing, while they knew that the property, thing, or proceeds were obtained by or derived from the commission of a criminal offence.
“Trafficking” in these circumstances is defined under s. 355.1 of the Criminal Code as selling, giving, transferring, transporting, exporting, importing, sending, delivering, or dealing with the item in any other way, or offering to do any of those acts.
Often, the biggest hurdle for the Prosecution in these cases is proving the knowledge component to the offence i.e. proving the person charged knew that the property was stolen or obtained through a crime.
If you or someone you know is facing a trafficking in property obtained by crime charge, we encourage you to reach out to us without delay. We offer a free consultation to discuss your situation and explore the available options.
Section 348 of the Criminal Code outlines the offence of breaking and entering. This section outlines that breaking and entering is committed when a person:
- breaks and enters a place with intent to commit an indictable offence inside of the place,
- breaks and enters a place and commits an indictable offence inside of the place, or
- breaks out of a place after committing an indictable offence inside of the place, or
- breaks out of a place after having entered the place with the intent to commit an indictable offence within the place.
“Breaking” is defined under s. 321 of the Criminal Code as follows:
- to break any part, internal or external, or
- to open any thing that is used or intended to be used to close or to cover an internal or external opening;
“Entering” is defined under s. 350 of the Criminal Code as follows:
- a person enters as soon as any part of his body or any part of an instrument that he uses is within any thing that is being entered; and
- a person shall be deemed to have broken and entered if
- he obtained entrance by a threat or an artifice or by collusion with a person within, or
- he entered without lawful justification or excuse by a permanent or temporary opening.
There can be serious implications to you if you are convicted of a breaking and entering. For example, being found guilty of breaking and entering into somebody else’s home usually results in a lengthy jail sentence. A conviction for breaking and entering can have other serious implications on your life including: a criminal record, issues with obtaining or maintaining employment or volunteer opportunities, travel restrictions, jail time, a period of probation with strict conditions, a victim fine surcharge, a weapons prohibition order and an order allowing the police to collect and store your DNA on the national DNA data bank.
If you or someone you know is facing a Break and Enter charge, we encourage you to reach out to us without delay. We offer a free consultation to discuss your situation and explore the available options.
Section 343 of the Criminal Code outlines the four ways in which a robbery can be committed:
Every one commits robbery who:
- steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property;
- steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;
- assaults any person with intent to steal from him; or
- steals from any person while armed with an offensive weapon or imitation thereof.
There can be serious implications to you if you are convicted of a robbery. For example, being found guilty of robbery where a prohibited or restricted firearm (i.e. a handgun) is used will result in a mandatory minimum sentence of 5 years in prison. A conviction for robbery can have other serious implications on your life including: a criminal record, issues with obtaining or maintaining employment or volunteer opportunities, travel restrictions, jail time, a period of probation with strict conditions, a victim fine surcharge, a weapons prohibition order and an order allowing the police to collect and store your DNA on the national DNA data bank.
If you or someone you know is facing a Robbery charge, we encourage you to reach out to us without delay. We offer a free consultation to discuss your situation and explore the available options.
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