There are a number of elements that make up the offence of Theft. The Criminal Code states that everyone commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent

(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;

(b) to pledge it or deposit it as security;

(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or

(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

A person does not need to actually take something in order to commit the offence of Theft. It is enough that he or she converts it to his or her use with intent to deprive the owner of it of the thing.

A conviction for theft can have a significant impact upon your current employment as well as future employment prospects, even where a non-custodial sentence is imposed.

There are a number of defences to consider when assessing a charge of Theft. One possible defence is that the accused had an honest belief that they had a right to possess the property, despite the fact that there was no true basis for the belief in fact or law.

In many cases, repaying or returning the stolen money or property may help to reduce the penalty assigned by the court. We will be able to tell you whether or not a promise to return the stolen property will have a significant effect on your case.

It is important to work with a lawyer who is experienced in defending against property offences. We first seek to have your Theft charges withdrawn. If that is not possible, we work towards securing an acquittal. Even where the Crown has a particularly strong case, we will ensure that you will receive the lowest possible sentence if convicted.

Consequences of a Theft Conviction:

Under the Criminal Code, a conviction for Theft Under $5000 carries a maximum possible penalty of up to 2 years imprisonment. A conviction for Theft Over $5000 carries a maximum possible penalty of up to 10 years imprisonment.