TOPIC #7 -
Shoplifting (Theft
Under $5000)
What is theft?
We all
generally understand that theft is
taking something that doesn't belong
to you without the permission of the
owner of the property.
Shoplifting usually involves a theft
from a retail store rather than a
private citizen.
Is it theft if I
steal from someone who doesn't
legally own the property I took?
A
theft can occur even when the
property you took legally belonged
to someone else. Any person having a
property interest in an item taken
can make a theft allegation.
What
is Shoplifting?
There are many
different types of theft. The most
common type is shoplifting- or theft
from a retail store as opposed to
theft from a private citizen.
Shoplifting is a special kind of
theft - often impulsive, sometimes
compulsive. You don’t need to be
embarrassed. It happens to all kinds
of people.
The Crown Attorney in
Ontario generally treat this type of
theft less seriously than other
types of criminal charges. Generally
a shoplifting allegation is
considered to be on the lowest end
of the criminal law spectrum- with
murder at the opposite end of the
spectrum. If you have been
caught shoplifting, you may be able
to avoid a criminal conviction
without even going to trial if you
are a first time offender. In many
Ontario cities including Toronto,
people charged for the first time
may be eligible to have the charge
diverted from the court system
resulting in a withdrawal of their
criminal charges.
How can I get my
theft charge diverted?
Each
courthouse in Ontario has a
different diversion program and
eligibility requirements differ from
region to region. Eligibility for
the diversion program is always
determined by the Crown Attorney's
office. If they deem an theft
offence to be of a minor nature
(usually a small quantity of
merchandise was taken and the
property was recovered), the Crown
may pre-approve eligibility into the
diversion program. Once in the
program, the eligible candidate may
be asked to complete one of a number
of different tasks. In some
jurisdictions, a person charged with
theft may be required to watch a
video on shoplifting. In other
jurisdictions they may be required
to make a donation to charity or
complete a minimum number of
community service hours - or both.
Regardless of the requirements, the
end result is usually the same. Once
the diversion program has been
completed to the satisfaction of the
Crown Attorney, the Crown will
recommend to the court that the
criminal charge of theft be
withdrawn against the accused
person. This will result in the
accused person maintaining a clean
record (assuming they didn't have a
prior criminal record).
If a person is not
pre-screened as eligible for the
diversion program, a lawyer may be
able to convince a Crown Attorney to
reconsider their decision.
Other types of theft,
such as a theft from an employer is
considered far more serious than
shoplifting. The reason the courts
and Crown's office treat these cases
differently is due to the breach of
trust that is committed by the
employee. It is unlikely that
a person charged with a breach of
trust theft will be eligible for
the diversion program. In fact, this
type of an offence may even carry a
jail sentence for a first time
offender depending on the nature and
severity of the allegation.
If you or someone you
know is charged with theft, speak
with a lawyer immediately to
determine if you are eligible for
the diversion program in order to
protect your criminal record. Theft
is considered a crime of
dishonesty by employers and may act
as a barrier to future employment in
the business, education or health
sectors, among others. A theft
conviction may also create
difficulties for non-residents
intending on becoming Canadian
citizens.
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