Toronto Shoplifting Lawyers – Tips on Defending Your Charge

If you’ve been charged with committing the act of shoplifting, and have questions about your case, this article may answer some of your important ones. Andrew Captan is a Shoplifting Lawyer in Toronto and is the author of this article. A free consultation can be obtained at (647) 878 – 6355 or by e-mailing andrew@captanlaw.com

Introduction and Initial Steps After Being Charged

Your first step after being charged would be to ensure you note down any important dates given to you by police — such as a fingerprint date and your first appearance in court.  Missing either could give rise to additional charges.

Once you’ve noted these dates down, your next step should be to make a list of Toronto Shoplifting Lawyers with whom to consult.   You should narrow down that list and, if possible, retain one of the lawyers prior to your first court date.

If you cannot afford to retain one, you can represent yourself, although doing so is a last resort.

Does Shoplifting Go On Your Criminal Record in Ontario, Canada?

The act of shoplifting, if detected by police, would give rise to the offence of Theft – either Theft Under or Theft Over $5,000.  The charge will be determined by the value of property at issue in the Theft.

For example, if you steal a few t-shirts and some pants, generally speaking you will face the charge of Theft Under $5,000, as the value of these items usually will be under $5,000.  However, that may change depending on where the Theft occurs.

If you commit the Theft at a luxury retail store, these items may be more valuable and could lead to a Theft Over $5,000 charge.

In either case, these are criminal charges and could go on your permanent criminal record if convicted.  Moreover, if you complete a Criminal Records and Judicial Matters Check, or a Vulnerable Sector Check, outstanding charges for which you have not been convicted may appear temporarily.

Consult with experienced Toronto Theft Lawyers to determine the specific risk level of a permanent criminal record in your case.

What is the penalty for shoplifting?

There is no set penalty for the offence.  The outcome of your case will be determined by a number of factors, including:

• Your age
• Whether you have a criminal record
• The value of the property
• Whether it occurred at your place of employment
• Whether it happened once or was repeated

Toronto Criminal Lawyers with experience in this area of law can guide you on potential outcomes at an initial consultation.

Real World Case Examples – Punishments for Shoplifting

To get a sense of some real world case examples of people who have pleaded guilty (or have been found guilty) of Shoplifting, review the examples below (all are real people who received the punishments outlined below):

R. v. Kayode, [2007] O.J. No. 5443 (S.C.J.)

A 19-year-old accused was convicted of theft under and shoplifted from a major department store. The Crown proceeded by summary conviction. Initially, the accused received a $330 fine by the sentencing judge. He appealed that sentence and the sentence was overturned on appeal. He received a conditional discharge and probation ultimately, which is a finding of guilt but not a criminal conviction.  

R. v. Moraru, [2006] O.J. No. 2623 (C.J.)

The accused, a police officer, was convicted of theft under, uttering threats to cause bodily harm and resisting arrest. The accused stole items from grocery store. He suffered from post-traumatic stress disorder at time of offence. He received a conditional discharge, 120 hours of community service and 12 months’ probation imposed.

R. v. Baxter, [2008] O.J. No. 1876 (S.C.J.)

The accused pleaded guilty to theft under. The Court rejected joint submission for non-custodial sentence and imposed sentence of 21 days’ imprisonment. The 35-year-old accused stole merchandise (under $500) from retail store while with her seven-year-old daughter and her friend. She had a previous record included three dated convictions for theft under, as well as a history of drug abuse. On a sentence appeal, which was also supported by Crown, the sentence varied to suspended sentence with 12 months’ probation.

K.R., [2005] O.J. No. 2434, 198 C.C.C.(3d) 232 (C.A.)

18-year-old accused was convicted of numerous charges (including theft under) that resulted from  shoplifting  pair of socks from department store – After accused was caught  shoplifting , security officers brought him to room and tried to conduct search – Accused pulled out sawed-off shotgun, pointed it at security guards and told them to back up or he would shoot – Accused fled store with weapon in full view – Suspended sentence followed by three years’ probation imposed – Trial judge held that eleven months already served by accused amounted to equivalent of one year, nine months and seven day’s imprisonment – Trial judge found that prohibition in s. 85(4) of the Criminal Code against concurrent sentences for using imitation firearm while committing indictable offence was unconstitutional – Trial judge stated that he would have imposed same sentence whether s. 85(4) was constitutional or not – Accused made living as drug dealer – Extensive youth record and was subject to weapons prohibition at time of offences – Evidence of good rehabilitation prospects – Sentence appeal was dismissed – Finding that s. 85(4) was unconstitutional was wrong and was set aside – Constitutionality of s. 85(4) was irrelevant to determination of appropriate sentence – Trial judge failed to consider binding authority – Suspended sentence followed by probation was not excessive.

Do Shoplifters Go to Jail in Ontario, Canada?

It is possible that a shoplifter could receive a jail sentence.  That said, a jail sentence for a first time offender is extremely unlikely.  Jail sentences for shoplifting tend to be reserved for offenders who fit within the following contexts:

• They have a significant criminal record for committing similar acts
• They have been sentenced to probation before and still re-offend
• They commit the offence against an employer
• The value of the property is significant (certainly over $5,000)

But even in all of the above circumstances, experienced Toronto Shoplifting Lawyers can attempt to minimize the risk of a jail sentence with careful defence work.

What’s the Best Defense for Shoplifting?

The best defense will depend on the evidence at hand. To obtain the evidence, you need to get your disclosure from the Crown.  Toronto Shoplifting Lawyers are trained to carefully review this disclosure and determine whether you have any legal defence to the charge.  Some potential defences would include:

• The defence of colour of right (ie, you had a claim of ownership to the property)
• The defence of mistake or accident
• The defence of owner’s consent or perceived consent
• The defence of honest but mistaken belief

If the Crown can prove the charges against you, your lawyer may still be able to get your charges withdrawn by putting the offence into perspective, and getting you to complete certain tasks which would demonstrate good character and that you have rehabilitated yourself.

What Does the Crown Have to Prove for the Offence of Shoplifting

The Crown has to prove the following in order for someone to be found guilty of Shoplifting (aka Theft):

• the taking or conversion of anything;
• the taking or conversion was done fraudulently and without colour of right
• the taking was intentional

Can I Be Charged with Shoplifting Merely By Being With Someone Who is Stealing

Yes. If the police believe that you assisted or encouraged (legally known as aiding or abetting) the principal or primary offender, you may be liable in the same manner that the person who did the “taking” is. Toronto Shoplifting Lawyers often see multiple parties charged with the same offence simply by virtue of being present while another person commits a crime.

Andrew Captan – Toronto Shoplifting Lawyer

If you’ve searched online for Toronto Shoplifting Lawyers but have not found one yet, contact the author of this article – a seasoned Toronto Shoplifting Lawyers – with over 12 years of criminal defence experience.  He offers a free consultation and will leave no stone unturned in your defence.

Call (647) 878 – 6355, e-mail andrew@captanlaw.com or visit his website HERE.