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Theft

Robbery (s. 322 (1)) Charges in Canada: Offences, Defences, Punishments

What is Robbery? Robbery is a violent property offence that is considered one of the most serious under Canadian criminal law. Individuals charged with robbery are often subsequently charged with other violent offences including assault and theft. The offence is covered under s. 343 of the Criminal Code of Canada (the “Code”) and is a straight indictable offence, meaning the expected punishment is ...

Theft (s. 322 (1)) Charges in Canada: Offences, Defences, Punishments

What is Theft? Theft is a type of non-violent property offence that covers a variety of illegal acts, including shoplifting or taking the personal property of a friend, family member or stranger without consent. Theft is covered under s. 322(1) of the Criminal Code of Canada (the “Code”) and is generally divided into two categories: Theft over $5,000; and Theft under $5,000. There ...

Fraud (s. 380) Charges in Canada: Offences, Defences, Punishments

What is Fraud? Fraud is covered under s. 380 of the Criminal Code. A fraud charge is an umbrella term that can cover a broad range of acts. However, simply put, fraud involves unlawfully and deceitfully taking someone’s property, money or valuable security or any service. The Criminal Code aims to differentiate the seriousness of the fraud by classifying the act as either ...

What are the best defences to theft charges?

The best defence to your theft charge will depend heavily on the particulars of your offence and as such, you should review your disclosure with a lawyer to see what defences might be available to you. However, here are some commonly raised and effective defences that may be applicable in your circumstances: No Mens Rea or Mental Intent: One common and effective defence to ...

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