Ines Gavran
Toronto Theft Breach of Trust Criminal Defence Lawyer
A person charged with theft whether under or over $5,000 will also be charged with possession of property obtained by crime under or over $5,000.
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Criminal Defence Lawyer theft breach of trust charges – Toronto, Brampton, Mississauga, North York
A theft where there is a pre-existing relationship of trust is one of the most aggravating forms of theft. After a conviction, the existence of a relationship of trust will be taken into account by the court during sentencing to justify the imposition of higher sentence. Usually, a person charged with theft whether under or over $5,000 will also be charged with possession of property obtained by crime under or over $5,000.
Theft Under 5000
Criminal Code
What is Theft in the context of Breach of Trust
Under s.322 of the Criminal Code, a person commits a theft when he/she fraudulently and without colour of right takes or converts to his/her use or to use of another person anything, whether animate or inanimate, with intent to a) deprive, temporary 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
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.
Under s.718.2(a)(iii) of the Criminal Code, the court considers the following as aggravating circumstances where there is evidence that:
- The offence was motivated by bias, prejudice, or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or any other similar factors
- evidence that the offender, in committing the offence, abused the offender’s spouse or common-law partner
- evidence that the offender, in committing the offence, abused a person under the age of eighteen years,
- evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim,
- evidence that the offence was committed for the benefit of, at the direction of or in association with a criminal organization
- evidence that the offence was a terrorism offence
Punishment for Theft in the context of Breach of Trust
Theft under $5,000 is a hybrid offence. If the Crown Attorney proceeds by summary conviction, the maximum imprisonment is usually 6 months and/or $5,000 fine. If the charge proceeds by indictment, the maximum penalty is 2 years imprisonment. Conditional sentence is also available for the offence of theft under.
However, the penalties for theft over $5,000 are much more serious. Theft over $5,000 is an indictable offence for which conditional sentence is not available if the offence was committed after November 20, 2012. The maximum imprisonment sentence for theft over $5,000 is 10 years.
At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, well prepared strategy and effective advocacy is what secures the best results.
If you are charged with simple theft or theft committed in the context of breach of trust, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.
Call Toronto-based Criminal Defence Lawyer Ines Gavran today!
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