Area of Law: Criminal Law
Answer # 1814
Theft and shopliftingRegion: Ontario Answer # 1814
Shoplifting is theft, and it means to steal something from a store. Theft is a criminal offence under the Canadian Criminal Code.
What is considered theft?
To be found guilty of theft or shoplifting, the Crown prosecutor must prove that you intended to steal the item. For example, if you are charged with shoplifting a book, the Crown prosecutor must prove that you intended to leave without paying for the book. If you honestly forgot to pay for the book, or if you honestly forgot you were carrying the book, and the judge believes you, you cannot be found guilty of the offence.
Powers of store security and police to hold you
If a store employee has a good reason to believe that you are shoplifting, the store security can hold you in their custody. They cannot hold you for a long period, and they must call the police right away. Although you do not have to answer any questions asked by store security or the police, you should avoid becoming hostile and you should identify yourself.
Trial procedures and penalties for theft
You either can be charged with theft over $5,000 or theft under $5,000, depending on the value of the item allegedly stolen.
Theft under $5,000 is a hybrid offence, which means that the Crown prosecutor can choose to treat the offence as a less serious summary conviction offence, or a more serious indictable offence. If it is your first offence, the Crown prosecutor will probably choose the less serious summary conviction procedure, which carries a maximum penalty of a $5,000 fine or two years less a day in prison, or both.
Generally, however, the penalty for first-time offenders is a small fine and probation, or an absolute or conditional discharge. In some areas, the Crown can offer you the alternative of doing community service work and will withdraw the charge if it is a very minor one.
If the Crown prosecutor chooses to treat the offence as a serious indictable offence, your sentence could be much more severe. Theft over $5,000 is a serious indictable offence, and carries a maximum penalty of 10 years in prison.
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