PROPERTY CRIMES Chapter 9.3

The C.C.C. provides major penalties for offences against property, which make up approximately 2/3 of all offences under the code. The major property crimes are arson, theft over $5000, theft under $5000, motor- vehicle theft (not grand theft auto- that’s the USA), break and enter, possession of stolen goods and fraud.

THEFT Anyone who fraudulently and without colour of right takes or converts to his or her own use anything, whether animate or inanimate, with the intent to deprive the owner of it temporarily or absolutely, commits theft. In other words, taking something that is living or not living and is legally not yours, without permission, with or without plans of returning it. If the value of the goods is below $5000, the offence is generally referred to as theft under, over $5000 is referred to as theft over

Theft under is a hybrid offence with a maximum penalty of two years Theft under is a hybrid offence with a maximum penalty of two years. Theft over has a maximum penalty of 10 years. A person can be charged with theft on the basis of the principle of recent possession. When arrested, a person who has possession of items that were recently stolen, must be able to explain at trial how they came to possess them. “Colour of right” is the honest belief that a person owns or has permission to use an item. If the accused provides an explanation, the onus is on the Crown to disprove it, and if they fail to do so, the accused must be acquitted.

ROBBERY Unlike theft, robbery involves the use of violence, the threat of violence, assault, or the use of offensive weapons. For robbery, the crown is basing its case on the threat of violence, it must prove that the victim felt threatened, and that there were reasonable and probable grounds for the fear. Using phrases like this is a hold up, implies the threat of violence if the command is not obeyed. It has been held that to simulate a weapon with a part of the body, such as a finger, does not mean that an offensive weapon was used, although it does indicate a threat of violence. An imitation weapons is categorized as an offensive weapon. The maximum penalty for robbery is life imprisonment.

BREAK AND ENTER The law considers break and enter, often referred to as burglary, a serious offence. Break and enter is defined as: (a) [to break] to break any part, internal or external, or (b) to open anything that is used or intended to be used close or to cover an internal or external opening. [to enter] (a) a person enters as soon as any part of their body or any part of an instrument that they use is within anything that is being entered.

If a person enters a house (without lawful excuse) by any means other than Break and enter, and with the intent to commit an indictable offence, a separate offence carrying a lesser penalty has been committed. -- Being unlawfully in a dwelling- house– It is also an offence to possess housebreaking (lock pick), vault-breaking, or safe breaking tools if, under the circumstances, possession of the tools appears to be for the purpose of breaking in. No break-in need actually occur. The accused must justify the possession of the tools.

Other Crimes

Criminal Negligence Criminal Negligence comprises three categories: criminal negligence in the operation of a motor vehicle; Criminal Negligence causing bodily harm; Criminal Negligence causing death. It isn’t necessary there is intent–indifference as to what the reasonable person would do under the circumstances may result in a conviction. Thus, a person who drives in a manner very different from that of a reasonable person and who is considerate of the safety of others is criminally negligence.

Mischief The offence of mischief can relate to a variety of circumstances involving the deliberate destruction or damaging of property. Additionally the increased use of computers has made data valuable property. The definition of mischief also includes anyone who purposely destroys computer data, as in the creation of a computer virus.

Fraud Fraud is defined as intentionally deceiving someone in order to cause a loss of property, money, or service. For a fraud conviction, the Crown must prove that the accused purposely intended to deceive. There are many types of fraud Falsifying employment records Failing to collect fares Manipulating the stock market Forging trademarks Adding precious metals to a mine to increase its value Penalties for fraud are determined by the value of the fraudulent transaction. Fraud valued less than $5000, is a hybrid offence with a minimum fine or a max of two years in prison. Fraud valued over $5000 is an indictable offence with a max penalty of ten years.

Prostitution In Canada, prostitution itself is not a criminal offence, but the soliciting is criminal. Soliciting is the communication for the purpose of prostitution. A prostitute or client can be charged with soliciting if, in a place open to the public view, he/she Stops or attempts to stop any motor vehicle Impedes the free flow of pedestrian or vehicular traffic or enters or exits from premises adjacent to that place Stops or attempts to stop any person, or in any manner communicates or attempts to communicate with any person, for the purpose of engaging in prostitution or of obtaining sexual services of a prostitute.

Gambling In Canada gambling is not a criminal offence, but offences can be committed in relation to gambling. A common betting house is a place where people bet among themselves, (e.g. horse race, football game) and where the keeper of the house receives a portion of the winnings. Anyone who keeps a common betting or gaming house is guilty of an indictable offence and can be sentenced up to two years in prison.