Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Theft in Canada?

If you steal a car in Canada that is worth under 5000 dollars and get caught for it will you reccieve the same sentence as if you were caught shoplifting an mp3 player?

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  • 1 decade ago
    Best Answer

    Sentencing law in Canada does not provide specific penalties. The penalty given to an offender is determined by the judge, on the basis of mitigating factors and aggravating factors, as well as the requirements of the Canadian Criminal Code.

    According to s.334(b) of the Criminal Code, a thief stealing something valued under $5,000 can be charged with EITHER an indictable offence where the thief is liable to imprisonment for a term not exceeding two years OR a summary conviction offence.

    Note: unless specified, summary conviction offences are punishable by a fine of up to $2,000 or six months' jail (or both). See CC s.787(1).

    In your example, both items are under $5,000 - unless it was a very expensive iPod :) So the car thief and the shoplifter can be charged with either an indictable offence OR a summary conviction offence. It depends on the discretion of the Crown Prosecutor. If you are a sympathetic case, then the Prosecution will charge you with the summary conviction offence - which allows a lesser sentence.

    Things could be worse. If the theft involved some violence, it would be a robbery. The amount taken does not matter. According to the Criminal Code:

    344. Every person who commits robbery is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life.

    The upshot: it is possible for the car thief and shoplifter to get the same sentence. But it is also possible that the sentences will be very different. It all depends on the circumstances of the crime.

    Source(s): Canadian Criminal Code http://lois.justice.gc.ca/en/C-46/index.html
  • kopp
    Lv 4
    3 years ago

    continuously, criminal information at the instant are not short-term in Canada. it is going to likely be there for something of his existence and he won't be allowed into maximum worldwide locations, he can get a passport yet will in all probability in no way use it. i'm balloting for Karen if she plans on having "youthful offenders" branded too. Even a grade one student can inform you its incorrect to thieve and kill human beings - so not greater youthful offenders act, person crime, person time. carry back chain gangs and watery gruel and sound asleep on concrete flooring !

  • 1 decade ago

    Canada is the 51st state of the United States, so all laws in apply in Canada as in U.S. and the Bushmeister will make sure the infidels will get caught

  • Anonymous
    1 decade ago

    Wow...

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  • 1 decade ago

    will it would be a felony

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