QUICK TAKEAWAY
Theft (Youth): comes in different forms and can have serious consequences depending on what is stolen. The offence is divided into two categories: theft under $5,000 and theft over $5,000. Under s.322 of the Criminal Code, taking property without the owner's consent is an offence unless you believe it belongs to you. You don't have to take something to face charges. If you knowingly possess stolen property, you are committing a crime. In all cases of theft, it must be proven there was intent to move or take possession of an object. RobberyUsing force or intimidation to take property from another person is closely related to theft and comes with more dire penalties since it involves physical force or intimidation. If you are between the ages of 12 and 18 and charged with theft, it can be dealt with in several different ways under the Youth Criminal Justice Act (YCJA). For minor offences, your case may be handled outside Youth Court. For serious cases, such as robbery, a Youth Court judge has the option of sentencing you as an adult.
Table of Contents:
What is Theft?
Theft is covered under Part IX of Offences Against Rights of Property in the Criminal Code. Under s.322 of the Code, taking property without the owner's consent is an offence unless you believe it belongs to you. It states that it is illegal to "fraudulently and without colour of rightThe honest belief that an act is justifiable 'take someone's property' whether animate or inanimate." You can still face charges even if you only intend to possess an item temporarily. The charge also includes converting something that belongs to someone else into something that benefits you.
Types of Theft-Related Charges
Motor Vehicle Theft
Section 333.1 of the Code states it is a crime to steal a motor vehicle. If handled as an indictable offenceIndictable offences are more-serious criminal offences, you can be jailed for up to 10 years if sentenced as an adult.
Theft, forgery, etc., of credit card
Section 342 of the Code makes it illegal to steal, forge or falsify a credit card. You can also be charged under this section if you use a forged or falsified card knowing it was illegally made or altered or if you knew a regular card had been revoked or cancelled, but you still used it. If prosecuted as an indictable offence and sentenced as an adult, you face a maximum prison term of 10 years.
Robbery
Section 343 of the Code states it is illegal to commit theft while using or threatening to use physical force. If a firearm was used or if the offence can be tied to a criminal organization, courts can impose harsh sentences, including life in prison.
What is Needed to Convict
To win a conviction, the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you intended to steal the item in question. If you are charged after a shoplifting incident, for example, the Crown must show you purposely took the item without paying. Court must also be satisfied that you did not have consent to take the item and that it belonged to someone else.
Your lawyer may also be able to show that your rights under the Canadian Charter of Rights and Freedoms were breached during the investigation.
Indictable Offences or Summary Convictions
When prosecuting a theft charge, the Crown can proceed as an indictable offence or summary convictionUsed for lesser offences, and will consider such factors as the seriousness of the allegations and your prior criminal record. A conviction for an indictable offence carries more serious penalties.
Penalties for Theft
Theft is divided into two categories. Theft over $5,000 is usually treated as an indictable offence with a maximum 10-year sentence. Theft under $5,000, if prosecuted as an indictable offence, can result in a maximum of two years less a day in jail.
The judge has several options if you are facing sentencing under the YCJA. The Act states that the purpose of sentencing under s.42 is to hold a young person accountable ”through the imposition of just sanctions that have meaningful consequences for the young person and that promote their rehabilitation and reintegration into society, thereby contributing to the long-term protection of the public.”
Extrajudicial measuresProceedings outside the formal court process could be used if your offence was relatively minor, such as shoplifting. This involves handling the case outside the formal court process in an attempt to rehabilitate an offender. However, if your case is not resolved through extrajudicial measures, it will be dealt with in Youth Court.
The YCJA mandates that “proportionality is a basic principle of fairness that means less serious offences should result in less severe consequences,” and any sentence must:
- not be more severe than what an adult would receive for the same offence;
- be similar to youth sentences in similar cases;
- be proportionate to the seriousness of the offence and the degree of responsibility of the young person;
- within the limits of proportionate response, (a) be the least restrictive alternative, (b) be the sentencing option that is most likely to rehabilitate and reintegrate the young person, and (c) promote in the young person a sense of responsibility and an acknowledgement of the harm done by the offence.
If the judge elects to sentence you as an adult, you will face the same sentence under the Criminal Code that an adult offender would. If you are jailed you will remain incarcerated in a youth facility until you are 18 and then transferred to an adult prison.
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Robertson Stromberg Llp
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Glossary of Legal Terms
Colour of right
A defence to certain charges, it is the honest belief that an act is justifiable. In cases of theft, it refers to an honest belief or mistake regarding the ownership of property.
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Extrajudicial measures
Proceedings outside the formal court process. Examples include police warnings, referrals to community programs and Crown cautions. Extrajudicial measures are seen as an effective response to less serious youth crime.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
