Offences Against Property

Who owns What

Theft

Taking permanently or temporarily property without the owner’s permission

Represents the largest segment of reported crime in Canada

Owner may give permission with a time limit This is called colour of right

On Friday afternoon John asks to borrow Wendy’s discman for the next class. He keeps it for the rest of the day and takes it home for the

weekend. He has lost his colour of right.

Sentencing for theft is dependant on the value of the goods stolen Theft Over: Goods worth $5,000 or more are

treated as an indictable offence with a maximum punishment of up to 10 years in prison

Theft Under: Goods worth less then $5,000 is a hybrid offence with a maximum punishment of up to 2 years in prison

Robbery

Is the theft of property through violence or the threat of violence

Breaking and Entering Is the forcible entry into a building for the purpose of

stealing If the intent was not to steal anything the charge is

inapplicable A hunter lost in the woods breaks into a cabin to get

out of the elements cannot be charged with B&E The penalties for B&E can be stiff Breaking into a commercial building (store) can be

punishable with up to 10 years in prison Breaking into a personal residence can be punishable

with up to life in prison

Other Offences - Mischief

Is the wilful tampering or destruction of property or data

No one needs to be hurt to be charged with mischief Can be sentenced with up to life imprisonment

depending on the circumstances On their way home from drinking at a bar two guys roll

a tree trunk over some rail tracks and leave it there. The next day a train comes by and stops in the nick of time. The two individuals could be sentenced with life imprisonment.

Public Mischief

Is a hybrid offence Occurs when an individual provides false or

misleading information to the police Falsely reporting your car stolen

Fraud

Is the intentional deception of someone for the purpose of the loss of property, money or service

Punishment depends on the value of the fraudulent transaction Under $5,000 is treated either as a summary

or indictable offence punishable with up to 2 years in prison

Over $5,000 is treated as an indictable offence with a maximum sentence of up to 10 years in prison