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 Burlington, Ontario.
Shoplifting, employee theft, and other low-value theft charges. Routinely diverted or resolved without a criminal record for first-time accused.
- Courthouse
- Milton Courthouse (Ontario Court of Justice)
- Court Phone
- (905) 878-7281
- 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.
v.
Notes for Burlington
Burlington HTA and Provincial Offences Act matters are heard at the Halton POA Court on Harvester Road. Criminal matters from Burlington proceed at the Halton Region courthouse in Milton on Steeles Avenue.
Milton Courthouse (Ontario Court of Justice)
491 Steeles Avenue East, Milton, ON L9T 1Y7
(905) 878-7281
Charged with theft under $5,000?
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