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 Caledon, Ontario.
Shoplifting, employee theft, and other low-value theft charges. Routinely diverted or resolved without a criminal record for first-time accused.
- Courthouse
- A. Grenville and William Davis Courthouse (Ontario Court of Justice)
- Court Phone
- (905) 456-4700
- 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 Caledon
Caledon traffic and Provincial Offences Act matters from Caledon OPP and the Town of Caledon bylaw are heard at the Caledon POA Court on Old Church Road. Criminal matters from Caledon fall under Peel Region and proceed at the Davis Courthouse in Brampton.
A. Grenville and William Davis Courthouse (Ontario Court of Justice)
7755 Hurontario Street, Brampton, ON L6W 4T1
(905) 456-4700
Charged with theft under $5,000?
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