Shoplifting & Theft Under $5000

Shoplifting and other forms of theft under $5,000 are common summary conviction offences in Ontario. Even minor charges can have a significant impact on your life and future.

Summary Conviction Offences

Theft under $5,000 is usually prosecuted as a summary conviction offence. This means it is a less serious offence than an indictable offence. The maximum penalty for a summary conviction theft is 2 years less a day in jail and/or a $5,000 fine.

Diversion Programs

If you are a first-time offender, you may be eligible for a diversion program. This involves completing certain requirements, such as a shoplifting course or community service, in exchange for the charges being withdrawn.

Defence Strategies

• Lack of Intent: To prove theft, the crown must show that you intended to steal the property. If you forgot to pay or made a mistake, you may have a defence.
• Mistake of Fact: If you believed the property was yours or that you had permission to take it, this can be a defence.
• Identity: If the evidence against you is based on a mistaken identity, this is a strong defence.

Potential Consequences

The most significant consequence of a theft conviction is a criminal record. This can affect your employment, travel, and housing options for years to come.