Theft is one of the most common charges under the Criminal Code. It covers taking property with the intent to deprive the owner of it, without consent and without any legal right to take it. The offence requires intent. Accidentally leaving a store without paying is not theft.
What counts as theft
Most people think of theft as permanently taking something. The Criminal Code is broader. Taking property temporarily, even if you intend to return it in the same condition, is still theft because the owner is deprived of its use during that period. Pledging or depositing property that belongs to someone else as collateral is also covered.
Having a legal right to the property is a defence. That right does not require full ownership. A lease or other claim to the item may be enough. For the purposes of the Criminal Code, animals kept as pets or livestock are property.
When permission does not prevent a theft charge
In some cases, theft can occur even where the owner initially agreed to let someone take or borrow an item. If the property is damaged beyond repair while in the borrower’s hands, or if conditions attached to the owner’s ability to reclaim it cannot actually be met, theft may have occurred. This depends on what the accused intended at the time, not just what happened afterward.
Penalties
The main dividing line is value. Theft over $5,000 is an indictable offence with a maximum of ten years in prison. Theft under $5,000 can proceed summarily or by indictment. If prosecuted by indictment, the maximum is two years. In addition to any jail sentence, the court can impose probation, restitution orders, and a conviction results in a permanent criminal record.
How theft charges proceed
Theft is prosecuted in criminal court. The Crown must prove beyond a reasonable doubt that the accused intended to deprive the owner of the property. Depending on the circumstances and the Crown’s position, possible outcomes include withdrawal of the charge, diversion, a conditional discharge, or trial.
Defences
Common issues in theft cases include lack of intent, an honest claim of right (believing you were legally entitled to the property), problems with identity or identification, insufficient evidence, and Charter arguments where police conduct is in question. An honest belief in a legal right to the property can, in appropriate cases, negate the intent the Crown needs to prove. Each case depends on the specific facts and the available evidence.
Frequently asked questions
Is shoplifting treated as theft?
Yes. Shoplifting is theft under the Criminal Code. The value of what was taken affects how the charge proceeds and what the possible penalties are.
Can I get a discharge on a theft charge?
A conditional or absolute discharge may be available in some cases, particularly for first offenders where the amount was modest. It depends on the facts, the Crown’s position, and any relevant background.
What if I returned the property?
Returning property can be relevant to how the Crown views the case and to sentencing, but it does not automatically negate the charge. The offence is complete at the point of the taking.
What is a claim of right?
An honest belief that you had a legal right to the property can negate the required intent for theft. It has to be a genuine belief on the facts, not a post-hoc justification. If credible, it can be a valid defence.
Do I need a lawyer for a minor theft charge?
Even a theft under $5,000 conviction creates a criminal record that can affect employment, travel, and professional licensing. Getting advice before decisions are made about how to respond is worthwhile.
Speak with a Toronto theft lawyer
If you have been charged with theft, contact the firm for a free consultation before your next court date.