Theft Crimes

What is Theft Crime ?

Theft is a criminal offence under s.322 of the Criminal Code. Theft is committed by any person who intentionally interferes with another person’s property with intentions to deprive the owner of their belongings for any period of time.


Theft over $5,000 is an indictable offence and the maximum penalty is ten years’ imprisonment. Theft under $5,000 the maximum penalty is two years’ imprisonment.

What You Should Know

Theft over $5,000 is an indictable offence, while theft under $5,000 the crown will elect to proceed by summary conviction or indictable offence depending on the nature of the incident.

Applicable Legislation s.322

(1) Every one 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:

  1. 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;
  2. To pledge it or deposit it as security;
  3. To part with it under a condition with respect to its return that the person who parts with it may be unable to perform;
  4. 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.

Time when theft completed

(2) a person commits theft when, with intent to steal anything, he moves it or causes it to be moved, or begins to cause it to become moveable.


(3) a taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.

Purpose of taking

(4) for the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.

Wild living creature

(5) for the purposes of the section, a person who has a wild living creature in captivity shall be deemed to have a special property or interest in it while it is in captivity and after it has escaped from captivity.

s.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

(b) is guilty

  1.  of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
  2.  of an offence punishable on summary conviction, where the value of what is stolen does not exceed five thousand dollars.

The Next Steps

If you or someone you know has been charged with theft, you’ll want someone with experience and knowledge to defend you. Lakin Afolabi is a defence lawyer who has defended these charges as well as others in his years serving Windsor and area.

Contact Lakin Afolabi now for a consultation.

Call anytime, day or night, (519)-495-0870