Shoplifting is often associated with youth mischief. Of course, youths are not the only ones that shoplift. Many of those people found shoplifting are surprised to learn that they are not simply let go with a warning or told to simply never return to the store. The reality is that shoplifting falls under the charge of “theft” and is a criminal offence under the Criminal Code of Canada. A shoplifter could be charged with “Theft Under $5,000” or “Theft Over $5,000”, depending on the value of the property allegedly stolen. Being found guilty and convicted for either offence could result in a period of imprisonment.
While it is possible to receive a period of incarceration if convicted of a shoplifting related offence, the criminal justice system does not typically put shoplifters in jail – again though, this depends on the circumstances of the offence and the offender. For this reason, you always want to ensure that you are represented by a qualified criminal defence lawyer in Toronto or anywhere in the GTA.
Again, factors that the Crown uses to determine if they will seek jail time for the accused include:
- The circumstances of the crime. Shoplifting that involves using threats, violence or the fear of violence is more likely to result in a period of jail time. Indeed, the Crown may proceed on a charge of “robbery” (theft in addition to violence) in these circumstances.
- Whether the accused has a criminal record and prior theft offences. A first-time offender charged with theft under $5,000 is not likely to be sent to jail, whereas someone who has a criminal record, especially one containing prior theft convictions, is more likely to be sentenced to a period of incarceration.
- The value of the property stolen. The consequences for theft under $5,000 offences tend to be less severe than for theft over $5,000 offences.
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