Guelph and Waterloo Theft Under $5000 Lawyers

In Canada, theft is considered a property offence. Property offences are among the most common criminal offences in Canada. An individual may be charged with theft for taking anything that they do not have a legal right to, with the intention to deprive the rightful owner of the item. This means that the Crown must prove that the accused intentionally took the item knowing it did not belong to them. The Criminal Code categorizes theft offences based on the value of the item, and sometimes based on the item itself. For example, those who steal items valued at more than $5,000 will be charged with theft over $5,000, while those who steal items valued at less than $5,000 will be charged with theft under $5,000. Those who steal a car may be charged with theft of a vehicle.

In 2020, the Firm successfully defended a client accused of participating in a fraud and theft ring involving Home Depot stores in the case of R. v. M.K. [2020]. Loss prevention staff at Home Depot launched an investigation into the matter after they began to suspect that a customer was stealing items and returning them to the store for a cash refund. The loss prevention team reported the activity to police who investigated and uncovered the theft ring. The Firm resolved the matter without a criminal record.

In the 2023 case of R. v. M.F. [2023], the Firm represented an employee accused of stealing a box of merchandise from his long-time employer. The company contacted police after allegations were made that merchandise had been going missing from the shipping department for months. The company launched an investigation into the matter, uncovering evidence to suggest that the employee had stolen items as well as fraudulent shipped product to himself. Unable to prove the fraud, the police charged the accused with theft under $5,000. The Firm called various pieces of evidence into question, resulting in the charge being withdrawn.

In 2020, the Firm defended a client accused of stealing the master key to his condo building in the case of R. v. J.W. [2020]. The condo board began an investigation after it was discovered that someone had stolen a master key from the front desk of the building. The building was forced to spend more than $15,000 to replace the locks on the entire building to ensure the individual with the stolen master key could not gain access. After investigating the matter, they discovered it was the accused individual who had taken the key and contacted police when he refused to reimburse the condo. The Firm got involved in the matter, ultimately having the charges withdrawn by arguing that this was rightfully a civil dispute. The matter was resolved without the client repaying the money.

Donich Law has experience defending a wide array of fraud and theft charges in jurisdictions across the province of Ontario. We have represented first time offenders charged with minor shoplifting offences as well as individuals accused of stealing more than a hundred thousand dollars. Typically, the higher the value of the items stolen, the more severe the proposed sentence will be from the Crown. Higher value theft also makes it much more difficult to resolve the matter without a criminal record for the accused.

In 2017, the Firm represented a government employee who used their position to defraud a major Canadian bank out of approximately $50,000 in the case of R. v. S.A. [2017]. The individual was alleged to have used their government position to create false tax documentation as well as a false identity and use those fraudulent documents to open bank accounts and a line of credit. The banks fraud department discovered the suspicious activity and reported it to law enforcement. The Firm engaged in both Crown pre-trials and judicial pre-trials before running a contested plea hearing. The Firm was successfully at the contested plea hearing, securing a conditional discharge and avoiding a criminal record for the accused.

In R. v. M.S. [2021] and R. v. D.H. [2021], the Firm defended two individuals charged as co-defendants in case involving theft under $5,000 charges. The individuals were alleged to have stolen high priced food items from a grocery store in an attempt to save their business during the pandemic. The Firm recommended upfront work for the clients to complete prior to engaging in negotiations on the file. The Firm ultimately secured a withdrawal of the charges against both co-accused.

The Guelph Police Service reported 1019 cases of theft $5,000 or under in 2022 in comparison to 2021 where there were 932 cases. In addition, there were 875 cases of theft from a motor vehicle in 2022, and 647 cases of shoplifting worth $5,000 or under. There was a significant increase in property crime from 2021 to 2022.

In 2020, Donich Law represented a client accused of stealing more than $30,000 from his employer in the case of R. v. E.K. [2020]. The accused’s employer made a report to law enforcement after an internal audit uncovered the missing merchandise. The company alleged that the accused along with her manager had participated in a theft ring over a period of time. The Firm carefully analyzed the evidence presented by the Crown and gathered evidence of its own. The Firm presented the Crown with evidence during pre-trial discussions to show that the accused’s manager had been the ringleader of the situation and had attempted to shift blame to the client. This information resulted in the charges against the client being dropped.

The Firm also has experience defending those accused of stealing from their employer. An individual who steals from their employer will be charged with either theft over $5,000 or theft under $5,000 depending on the value of the theft. Where an individual abuses their position of trust to steal from their employer, their case will be prosecuted more severely. The courts in Canada view the breach of trust as an aggravating factor in virtually all cases.