Theft Lawyers Victoria

Theft is a type of non-violent property offence that covers a variety of illegal acts, including shoplifting and taking the personal property of a friend, family member, or stranger without their consent.

The relevant provision for theft in the Criminal Code of Canada is:

According to the Code, a person commits theft when they take something that belongs to another person with the intent to temporarily or permanently deprive them of that good.

Theft is generally divided into two categories:

1. Theft in an amount exceeding $5,000,
2. Theft in an amount at or less than $5,000.

In order to be found guilty of theft in Canada, the Crown Prosecutor will be required to prove beyond a reasonable doubt each of the following elements:

• You moved something, caused something to be moved, or began to move something that belonged to someone else;
• You moved the property with intent to steal it either temporarily or absolutely without the owner’s consent; and
• The approximate value of the property you tried to steal.

Other common variations of this type of offence include Possession of Stolen Property and Motor Vehicle Theft. If the theft involves violence or the threat of violence, you may be charged with Robbery. If the theft involves violence or the threat of violence, you may be charged with Robbery.

Investigation of Theft Charges in Victoria

An investigation of an allegation of theft in Victoria is typically initiated by a complaint from a witness. This may be the alleged victim who claims that their personal property was taken without their consent, or it may be someone who claims to have witnessed the theft as it was taking place, such as a Loss Prevention Officer (e.g. security guard) at a store. The local Victoria, Saanich, or Oak Bay police will attend the scene and request a written statement from the alleged victim and any other witnesses, and will then launch an investigation.

The vast majority of theft investigations occur quickly. The alleged perpetrator may even be present at the scene and in the custody of a Loss Prevention Officer when the police arrive, which is often the case in shoplifting investigations. However, if the perpetrator of the theft is not present, the police may attempt to access security footage or other records to identify who committed the offence.

After the police have gathered their evidence, they will arrest you if they believe you are the perpetrator. If you are not present at the scene, they will track you down or issue a warrant for your arrest. Police may then decide to charge you immediately, or they may transport you to the Police District Office for further questioning and processing, before deciding whether or not to lay charges.

After you have been charged with theft, police will provide a package with all the evidence they collected, known as the “disclosure package” or “particulars,” to the Crown Prosecutor. You will have the right to access this disclosure package to see the evidence against you. Once you retain one of our lawyers, we will assist you in obtaining the disclosure package, and we will review it with you to assess the strengths and weaknesses of the Crown’s case, as well as any legal defences that may be available to you.

Penalties for Theft Charges in Victoria

Because a multitude of acts fall under the offence of theft, there is a wide range of potential penalties if you are found guilty. They can range anywhere from a discharge (i.e. no criminal conviction), to a fine and/or probation, to a period of jail time. In certain circumstances, it is also possible to be admitted into extrajudicial alternative measure programs, where counselling or community service may be completed in lieu of prosecution.

The Criminal Code of Canada outlines the maximum allowable punishment for theft as follows:

• For theft in an amount over $5,000: not more than 10 years’ jail time,
• For theft in an amount at or under $5,000: not more than 2 years’ jail time.

The range of potential sentences available to you will depend on a variety of factors, including:

• The context of the offending conduct,
• The amount that was taken,
• The relationship between you and the victim of the theft,
• Your criminal history, and
• Other applicable personal factors.

Aspects of your life such as depression, gambling addiction, substance abuse and acute financial distress can influence your sentence.

Two of the most significant factors that could increase the likelihood and length of jail time are:

1. If the theft was over $5,000; and
2. If the theft occurred in the course of employment, or another trust-based relationship.

In addition to the penalties above, a conviction for theft, even of a small amount, can have wide-ranging negative consequences on your future. Theft is considered a “crime of dishonesty.” A conviction, therefore, will affect your reputation in your community. Potential employers may refuse or terminate your employment if their business involves handling money or the use of valuable property. Your friends, family and peers may view you as unworthy of their trust.

Even if you intend on accepting responsibility for this type of offence, it is worthwhile to explore your options and consider all the possible penalties. Often, good representation can result in no criminal record. Furthermore, a community-based sentence may be obtained even where the Crown is seeking jail time.

Rest assured, our lawyers will work hard to defend you so that you are not saddled with the consequences that stem from a criminal conviction for theft. In fact, we can canvass a range of sentencing options with the Prosecutors that will either leave you with no criminal record or impose minimal restrictions on your liberty after sentencing. To learn more about potential non-criminal resolutions, please visit our Resolutions page, or read our FAQ on resolutions and other sentencing options.

Defending Theft Charges in Victoria

What are the best defences to theft charges in Victoria?

In theft cases, the defences that may be available to you depend on the facts of your case.

In general, the best defences for theft are:

• Factual Innocence: This is usually the strongest defence because the facts and the evidence do not support you being there, causing the theft, or other basic elements of the offence. This could include:
  • No mental intent: A common defence available in theft cases is that you did not intend to take the property. A basic example would be if you accidentally walked out of a store with an item you did not pay for.
  • You owned the property:You cannot steal what belongs to you. Therefore, if you are able to establish that you had a proprietary or possessory interest in the item, you may be able to defend yourself against the charges. Documents proving ownership of the property will likely be of significant assistance in raising this defence. However, even if you have a proprietary or possessory right in the good, if you take it from another person by fraudulent means, you could still be charged with theft in certain circumstances. For example, you could not use the proprietary interest you have in your vehicle to steal it from an impound lot without paying the fee.
  • Identity: In some circumstances where the offence was not recorded by surveillance footage, or the footage is poor quality, you may be able to raise an identity defence. For example, authorities could have made a mistake in identifying you as the perpetrator based on the poor quality of the footage. In order to effectively raise this defence, you may need corroborative evidence, such as an alibi to where you were at the time of the offence.
  • Violation of Constitutional Rights: The Canadian Charter of Rights and Freedoms sets out your rights before and after your arrest. If the police fail to abide by these rights, it could aid in your defence.
• “Colour of Right”: This defence may arise when you honestly believed you had a lawful right to property, when in reality you did not. For example, if you took your friend’s car with the honest but mistaken belief that he was lending it to you, even though he was not. In order to raise this defence, you will need to establish a factual basis to show that you honestly and reasonably believed in this particular state of affairs.

The Crown is required to prove that you not only took property that was not lawfully yours, but that you intended to take that property. While the Crown must prove beyond a reasonable doubt that you committed the offence, you may bear some responsibility in raising certain defences at trial.

The availability and strength of any defence depends entirely on the specific facts of your case. Our lawyers have significant experience assessing the availability and strengths of potential defences in theft cases, as well as presenting any and all available defences to the Court at trial. Even if you believe that you will be found guilty, it is important that you obtain a legal opinion about the defences that may be available to you.

How can I help defend theft charges in Victoria?

If you have been charged with theft in Victoria, the following can help your lawyer build a strong defence:

• Provide your lawyer with a statement about what happened;
• Collect and maintain all documents and records about the event;
• Gather a list of witnesses that may support your version of events; and
• Log any relevant texts, emails, phone calls or photographic evidence.

What information is relevant will depend on the facts in your case. As soon as you are released on bail, you should start to gather any information that may be of use to your lawyer. If you are uncertain what information may be relevant, you should contact one of our lawyers immediately to create a plan of action for gathering information.

If you are truly proactive about the matter, consider doing the following:

• Secure proof of employment;
• Secure reference letters;
• Enroll in counselling (anger management/substance abuse/parenting);
• Secure a record of prescriptions; and
• Secure a record of any mental health conditions you suffer from.

These steps can be very helpful for building an effective defence (or convincing the Prosecutor to drop the charges altogether).

What can a lawyer do to help me defend against theft charges in Victoria?

As we start preparing your defence by examining police actions and the evidence against you, there are certain defence strategies that can be used to aid your cause, including:

• Assembling documents, photographs, texts, etc. that contradict the allegation and support your defence;
• Gathering evidence from witnesses that support your version of events;
• Identifying mistakes in the actions of the police, such as Charter breaches;
• Uncovering administrative/systemic errors, such as “Jordan delay,” non-disclosure, lost or destroyed evidence, etc.; and

Finding weaknesses or “holes” in the Crown’s case that may make it difficult or Impossible for them to establish the elements of the offence.