Canadian Criminal Sentencing/Offences/Theft Under $5,000

Legislation 334. Except where otherwise provided by law, every one who commits theft ... (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. CCC Principles A common offence in most provincial courts. The range of sentences for low end offences range from discharges for first time offenders, fines ($100 to 400), suspended sentence with probation, or short and sharp periods of imprisonment where there is a prior related criminal record.e.g. see R. v. Prowse 1998 CanLII 18024 (NL CA), (1998) R. v. C.C., [2012] N.J. No. 121 (P.C.) R. v. Reid, [2012] N.J. No. 164 (P.C.) 2 Employee Theft The goals of denunciation and deterrence require that absent exceptional circumstances, the sentence should include imprisonment. R v Fulcher, 2007 ABCA 381 at para 30 ("[A]bsent truly exceptional circumstances, the sentencing goals of deterrence and denunciation demand a sentence of imprisonment rather than the imposition of a conditional sentence for crimes of embezzlement or theft by an employee.") 2 Factors Aggravating Factors criminal record for similar offences breach of trust lack of recovery of items inability to compensate owner Other Factors history of alcohol or substance abuse See Also UK Sentencing Guidelines Theft Under