i.
What the charge means
Theft of property valued under $5,000 is a hybrid offence under section 334(b) of the Criminal Code. The Crown typically elects to proceed summarily.
Criminal Code s.334(b)
Theft Under $5,000 charges in Ontario.
Shoplifting, employee theft, and other low-value theft charges. Routinely diverted or resolved without a criminal record for first-time accused.
- Charge
- Criminal Code s.334(b)
- Jurisdiction
- All of Ontario
- Consultation
- Free & Confidential
ii.
Penalties
Summary: up to 2 years less a day. A finding of guilt creates a criminal record. Diversion, conditional discharge, or absolute discharge frequently available for first-time accused.
iii.
Available defences
- Lack of intent (no mens rea)
- Honest but mistaken belief in ownership
- Identification
- Charter — unlawful detention or search
iv.
The process
Crown pre-charge screening, disclosure, diversion application where eligible, plea or trial. Diversion programs (e.g., Direct Accountability) can result in a stay without a record.
Charged with theft under $5,000?
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Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.