Theft Over 5000 Case Law - Canada

Congratulations Doug!

We always get people on here who are charged with theft under 5,000…it is nice to see the more serious offenders here!

First, do NOT plead guilty.

At least, don’t plead guilty until AFTER you talk with a lawyer.

Perhaps you can work out a plea bargain.

As for your question, what is the sentence.

Whoever told you its 2-10 is smoking something which is making them high, can I have some?

I will quote the exact wording of the criminal code for you, section 334:

Criminal Code, [R.S., 1985, c. C-46] >> 334. Punishment for theft

So in other words, maximum of 10 years in prison.

Minimum? Probation I would imagine.

What was the outcome?

Sentencing guidelines and Appeals Court precedent would indicate that a period of confinement *is* appropriate and necessary, even for a first offense, when it comes to convictions under 334(a).

Assuming full restitution has been made by the time sentence is imposed, and depending on the Judge's opinion of the accused's remorse, character and situation, a term of anywhere from 3 to 12 months could be reasonably expected. If there has been no attempt at restitution or other steps by an accused to accept responsibility for his or her actions, then the sentence could be significantly longer.

It has recently been the habit of many jurists to impose such confinement via conditional sentences (ie: house arrest) for first-time "theft over" offenses, however legislation currently before Parliament (Bill C-42) would remove that option for convictions under 334(a), meaning any custodial term included in a sentence would be served in jail.

While there is technically no minimum sentence, precedent and prior Supreme Court findings would guide the Judge, and it is almost certain that at least some confinement would be part of any sentence under 334(a), except in the most extenuating of circumstances.

It is absolutely in your best interests to avoid a guilty plea if your attorney feels a reasonable chance of acquittal or the opportunity to enter into a plea agreement for a summary (instead of indictable) offense exists.

Something this big definitely needs a lawyer and I would do as they suggest. That is a big amount of money, I agree however not to plead guilty right away that is why you need a lawyer to see what kind of plea deal can be arranged.

Hello high:

He's probably out by now.

excon

Oh, no doubt. Just figured the changing guidelines might be relevant for the next person who finds themselves in this position.

Help

My 17 year old son as just been arrested with theft over 5000 an atv that was stolen and wrecked last summer I got him out on bail since this friday what could be the sentenced if found guilty

. What is the punishment for the first time offender of theft of an ATV