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Gidget53 · Jul 23, 2007, 05:52 PM

My son is being charged with theft over 5000 In Edmonton Alberta. What is the Minimum and maximum sentence for this offence? It is his first offense.

CaptainForest · Jul 23, 2007, 09:09 PM

The Canadian Criminal Code has no minimum sentences for any type of crime at all, at least to my knowledge. Although Harper was trying to pass some minimum sentencing to deal with gun crime and I think it's been stalled in the Senate.

As for your son, maximum I would think would be 10 years.

Check out this source: CanLII - Fédéral - R.S.C. 1985, c. C-46 - Section 334

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.

momtobe949 · Jul 23, 2007, 10:31 PM

Captain Forest is right there is no minimum sentence, if this is your sons first offence the judge may send him off with a probation period ( that's a really light sentence). On the other hand crown may be asking for up to 5 years. It also depends on the sutiation who was he with at time of the crime? What was the stolen property? It as well depends on the evidence witenses that the crown has lined up.

If you have any questions please feel free to send me a message.

(I am an attorney but please remember that this is only advice for you and we do not a have a legal relationship)

Thank you

Gidget53 · Jul 24, 2007, 02:10 AM

Originally Posted by momtobe949

Captain Forest is right there is no minimum sentence, if this is your sons first offence the judge may send him off with a probation period ( thats a really light sentence). On the other hand crown may be asking for up to 5 years. It also depends on the sutiation who was he with at time of the crime? What was the stolen property? It as well depends on the evidence witenses that the crown has lined up.

If you have any questions please feel free to send me a message.

(I am an attorney but please remember that this is only advice for you and we do not a have a legal relationship)

Thank you

Thank you for your response. My son is 24 and was a passenger in the vehicle that was stolen. He says he didn't know it was stolen. There was also property in the trunk that was stolen. The driver of the car is considered a young offender. I am afraid my son is going to take the prunt of this. He has been very cooperative during the arrest and since then. He can't afford legal counsel so he is dealing with duty counsel. Just was wondering what he should be doing. I appreciate so much your advice. I know this is not considered advice as his lawyer or mine.

Gidget53 · Jul 24, 2007, 02:12 AM

Originally Posted by Gidget53

Thank you for your response. My son is 24 and was a passenger in the vehicle that was stolen. He says he didn't know it was stolen. There was also property in the trunk that was stolen. The driver of the car is considered a young offender. I am afraid my son is going to take the prunt of this. He has been very cooperative during the arrest and since then. He can't afford legal counsel so he is dealing with duty counsel. Just was wondering what he should be doing. I appreciate so much your advice. I know this is not considered advice as his lawyer or mine.

Again thank you for your advice.