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View Full Version : Theft under 5000 x4 possession of stolen property x4


needlawhelp
May 20, 2009, 06:45 PM
me and some friends were arrested the other day for theft under 5000$ x4 and possession of stolen property x4

I am 16 and my friend is 15 and I was wondering what type of sentencing me and him would get for something like this... we are both first time offenders

needlawhelp
May 20, 2009, 06:48 PM
We are in Ontario, Canada by the way

Fr_Chuck
May 20, 2009, 07:00 PM
I see Juv detention in your future,

What are your parents doing, do you have attorneys, has the property been returned, have the theft values been repaid

needlawhelp
May 20, 2009, 07:03 PM
We are getting them and they police have all of the property and most of it has been claimed and we haven't been told about anything we need to repay

I wish
May 21, 2009, 12:32 PM
Obviously we don't have to tell you that you shouldn't steal in the first place.

You could be ordered to return the items you stole. You could be ordered to pay a maximum fine of $1000 and to perform community service most likely. Canada is not as harsh as the United States in terms of sentencing. But it will be up to the judge.

Whatever sentence you get, I hope this is a wake up call. Stay out of trouble.

JudyKayTee
May 21, 2009, 02:17 PM
Obviously we don't have to tell you that you shouldn't steal in the first place.

You could be ordered to return the items you stole. You could be ordered to pay a maximum fine of $1000 and to perform community service most likely. Canada is not as harsh as the United States in terms of sentencing. But it will be up to the judge.

Whatever sentence you get, I hope this is a wake up call. Stay out of trouble.


Would you post the Statute for the $1,000 maximum fine? I cannot find anything about that. Following is something I wrote about Canadian diversion (all of the Provinces have something similar in place):

“Ontario diversion program guidelines vary from region to region, courthouse to Courthouse. Eligibility for such a program is ALWAYS determined by the Crown Attorney’s office. There are no exceptions. You are not required to have legal counsel in order to apply.

If the offense - theft - is not major (property was recovered, not a large amount, not a repeat offender) the Crown Attorney MAY approve eligibility into the diversion program prior to the Curt appearance. If there are prior dealings with the Police - and charges do not have to be placed, any prior dealings of a negative nature - the person will most likely not be eligible for the diversion program.

As part of the diversion program the eligible person will have to agree to complete certain tasks or obligations - perhaps watch a video, make a donation or volunteer time to a not-for-profit, write a paper on the crime.

When the tasks/obligations have been competed to the satisfaction of the Crown’s Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.

Each courthouse in Ontario has a different diversion program and eligibility requirements differ from region to region. Eligibility for the diversion program is always determined by the Crown Attorney's office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the Crown may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity or complete a minimum number of community service hours - or both. Regardless of the requirements, the end result is usually the same. Once the diversion program has been completed to the satisfaction of the Crown Attorney, the Crown will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).

If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision.”

I wish
May 21, 2009, 02:27 PM
http://laws.justice.gc.ca/en/ShowFullDoc/cs/Y-1.5///en

Youth Criminal Justice Act

Paragraph 42(2)(d) "impose on the young person a fine not exceeding $1,000 to be paid at the time and on the terms that the court may fix;"

JudyKayTee
May 21, 2009, 03:10 PM
Print (http://laws.justice.gc.ca/en/ShowFullDoc/cs/Y-1.5///en)

Youth Criminal Justice Act

Paragraph 42(2)(d) "impose on the young person a fine not exceeding $1,000 to be paid at the time and on the terms that the court may fix;"


I take this to mean per offense - OP has 4 offenses.