Theft
What Sets Apart Theft, Break and Enter, and Robbery?
Snapshot Overview of Theft:
Theft: As per Section 322 of the Criminal Code, taking another person’s property without consent constitutes an offense, unless one genuinely believes it’s their own. Several theft-related charges exist, varying based on the alleged stolen item. Robbery, a closely related crime, always involves physical force. Theft carries a maximum sentence of 10 years, while robbery can lead to life imprisonment.
Theft involves intentionally acquiring someone else’s property. Legal repercussions include potential charges for Theft Under $5000 or Theft Over $5000.
Break and Enter Defined:
Break and Enter refers to entering a location with the intent of committing an indictable offense. Guilt doesn’t require a physical break-in; merely entering through a door suffices. Engaging in theft after breaking in may lead to additional charges, such as theft, possession of unlawfully obtained property, or even mischief due to damages incurred.
Exploring Robbery:
Robbery distinguishes itself from theft by involving violence or the threat of violence to secure stolen goods. The violent act or threat must precede the theft for robbery charges to apply. Should a weapon be used to intimidate the victim, the charge escalates to armed robbery.
Consequences for Committing Theft
The legal framework outlined in Section 334 of the Code divides theft into two distinct classifications: theft exceeding $5,000 and theft not surpassing $5,000. Typically, theft exceeding $5,000 is regarded as an indictable offense, carrying a potential maximum incarceration period of 10 years, although reduced penalties may apply if the charge is treated as a summary conviction.
When the Crown designates a charge of theft under $5,000 as an indictable offense, the most severe penalty entails two years of imprisonment, or a lesser term if treated as a summary conviction. The same ramifications extend to charges of theft involving an individual holding power of attorney. In instances where the stolen property is a motor vehicle and the offense is considered indictable, the maximum sentence is 10 years in prison. This punishment is scaled down to two years less a day if the charge is categorized as a summary conviction.
Theft, along with related actions like forgery of a credit card, is consistently classified as an indictable offense. The potential sentence can reach a maximum of 10 years’ imprisonment, although milder penalties may be assigned if the charge is treated as a summary conviction.
Regarding robbery, it is uniformly handled as an indictable offense. Should a firearm be utilized in the commission of the crime, the most stringent punishment involves life imprisonment.
