Ask Me Help Desk - Theft Over 5000 Case Law

Theft Over 5000 Case Law - Canada

Have been charged with this offence in Nova Scotia
Actual amount being charged with amounts to 116000
Plan to go to court with a plea of guilty
Criminal Code seems to indicate sentencing to be 2-10yrs imprisonment
Have had several people tell me that actual sentencing (Case Law) has been less than this
Where can I get some verification of this
Would like to know in advance of going to court what my punishment will be
Already aware that restitution order is already being submitted
Would appreciate quick answers... going to court next Tuesday

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:

Quote:

334. Except where otherwise provided by law, every one who commits theft
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or
(b) is guilty
(I) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of what is stolen does not exceed five thousand dollars.

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.

Quote:

Originally Posted by highroller48

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.

Hello high:

He's probably out by now.

excon

Quote:

Originally Posted by excon

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

Quote:

Originally Posted by shawnik

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

I was charge with theft over 5000 of a motor vechile ,break & enter to commit theft and michtuf under 5000 and I got 3 weeks in the Manitoba Youth Center MYC and got probation so you will problibly get probation

I stole a car did damage undr 5000 and break & enter I got 3 weeks in the manitoba youth detencon center and got probation

Quote:

Originally Posted by shawnik

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

Probation I'm 13 I stole a winnipeg police cruser and got probation

Hey my name is kristyy I have a question please help me.. I have been caught in shoppers drug mart theft under 5000 makeup and pricemart twice stealing make up.. do you think I can be discharged in any way even if I say I will change it and I will prove it give me a clean year if I screw up send me to jail

Lmfao poopie pee pee trolled rick rolled

I was initially arrested and told I was being charged with theft under $5000 from my employer.
Seems they had me on video handling merchandise, then walking off camera with it but never leaving the store with it. Which EVERYBODY did at my work. We'd move items around in areas that were off camera sometimes. They had me walking towards the stairs to go downstairs but never leaving the store with the item.The police never took my statement and to my knowledge never read me my rights because I was never asked if I want to make a phone call when I was at the station.
I made my first appearance and asked for a delay to speak to a lawyer, and then found out the charges had been changed to theft OVER $5000.

I didn't think charges could be changed like that without notifying me. I'm now ting bricks.