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Home > Law > Criminal Law   »   What does the crown need to prove?

 
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Old May 19, 2008, 05:31 PM
hiphop77
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What does the crown need to prove?

I was charged for theft under 5000 dollars.I was in a Sears with a FULL wal mart cart.I picked up a dvd player and put it under my cart(the place where you would place heavy drinks in a shopping cart).I placed the dvd player there because my cart was full and it would have squished my bread.
I then proceeded to shop some more at sears and brought my purchases to the cash.Paid,then left.
I had completely forgotten about the dvd player because I couldnt see it UNDER my cart as my cart was full of previous purchases.
I was then apprehended by the loss prevention team and charged.They told me they have no choice but to charge me but that the crown attorney has to prove my intent to steal it.

Should I be worried?????I do have an extensive criminal record as a teen and young man,but now I am a full time single father with an excellent job in his thirties???????
I never intended to steal anything,I had over $700 cash in my wallet and have all the bank reciepts to prove I withdrew the money 42 minutes earlier.Does the crown need to prove the I intended to steal this or do I need to prove I intended to buy this???????

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Old May 20, 2008, 03:40 AM   #2  
JudyKayTee
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Quote:
Originally Posted by hiphop77
I was charged for theft under 5000 dollars.I was in a Sears with a FULL wal mart cart.I picked up a dvd player and put it under my cart(the place where you would place heavy drinks in a shopping cart).I placed the dvd player there because my cart was full and it would have squished my bread.
I then proceeded to shop some more at sears and brought my purchases to the cash.Paid,then left.
I had completely forgotten about the dvd player because I couldnt see it UNDER my cart as my cart was full of previous purchases.
I was then apprehended by the loss prevention team and charged.They told me they have no choice but to charge me but that the crown attorney has to prove my intent to steal it.

Should I be worried?????I do have an extensive criminal record as a teen and young man,but now I am a full time single father with an excellent job in his thirties???????
I never intended to steal anything,I had over $700 cash in my wallet and have all the bank reciepts to prove I withdrew the money 42 minutes earlier.Does the crown need to prove the I intended to steal this or do I need to prove I intended to buy this???????


I don't know how you would prove you intended to buy the DVD player but I think they can make a good argument that you intended to steal it. Lots of people here - I'm in the US - shoplift with wallets full of cash thinking that argument ("I intended to pay for it") will save them. In my area it doesn't work.

I'd get a good Attorney and see where this goes.

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bushg agrees: yep, esp. given the fact that he has previous record, he has a child to think of and he can afford a lawyer. Stop being a hard head he may only have 1 chance to beat this.
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Old May 20, 2008, 06:34 AM   #3  
hiphop77
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What ive been told is that the crown attorney(In Canada) needs to prove that I intended to steal this.Is that the case???????

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bushg agrees: In his mind your former record may be proof enough...fair or not. Listen to Judy, to be on the safe side.
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Old May 20, 2008, 06:49 AM   #4  
JudyKayTee
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Originally Posted by hiphop77
What ive been told is that the crown attorney(In Canada) needs to prove that I intended to steal this.Is that the case???????


You are always innocent until proven guilty - you don't prove you're innocent; they prove you're guilty.

In light of the facts - DVD rolling out of store, not paid for, in bottom of cart - I would follow my advice for the reasons I listed.

Or you can roll the dice and try to take of it by yourself.
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