Canadian Criminal Sentencing/Offences/Theft Over $5,000

Theft
s. 322 of the Crim. Code
Election / Plea
Crown Election Hybrid (Under)
Indictable (Over)
Summary Dispositions
Maximum 6 months jail or $5,000 fine (<=$5,000)
Indictable Dispositions
Maximum 10 years (over $5,000)
2 years (<= $5,000)
References
Offence Elements
Sentence Principles
Sentence Digests

LegislationEdit

334. Except where otherwise provided by law, every one who commits theft

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or

...

CCC

ApplicationEdit

PrinciplesEdit

Employee Theft
Offences involving theft of large amounts from an employer by an employee will usually result in a sentence of encarceration.[1] Where exceptional circumstances exist, a conditional sentence may be appropriate.[2]

Theft of money by person who are entrusted with it in the course of his employment amounts to a abuse of trust within the meaning of s.718.2(a)(iii).[3]

  1. R v Fulcher, 2007 ABCA 381, 422 AR 329 at para 30 [1]
  2. R. v. Nguyen, 2011 ABCA 300
  3. Veno v. R., 2012 NBCA 15 at 13
    R. v. Chaulk, 2005 NBCA 86
    R. v. McKinnon, 2005 ABCA 8, [2005] A.J. No. 12 -- embezzlement by a bookkeeper R. v. Holmes, 1999 ABCA 228 -- bank manager stealing from accounts
    R. v. Reid, 2004 YKCA 4 -- cashier stealing from employer R. v. Pierce, [1997] O.J. No. 715 (C.A.) -- comptroller sealing from employer
    R. v. Dobis, [2002] O.J. No. 646 (C.A.) -- fraud by accounting manager
    R. v. Clarke, [2004] O.J. No. 3438 (C.A.) -- bank telephone agent stealing from accounts R. v. Bowes (J.M.), (1994), 155 N.B.R. (2d) 321 (C.A.) -- lawyer stealing trust funds

Ancillary OrdersEdit