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 Guelph, Ontario.
Shoplifting, employee theft, and other low-value theft charges. Routinely diverted or resolved without a criminal record for first-time accused.
- Courthouse
- Guelph Courthouse (Ontario Court of Justice)
- Court Phone
- (519) 826-4431
- 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 Guelph
Guelph and Wellington County criminal matters are heard at the Guelph Courthouse on Wyndham Street South. Provincial offences from Guelph Police, OPP Wellington County and municipal enforcement are heard at the Guelph Provincial Offences Court on Carden Street.
Criminal Court
Guelph Courthouse (Ontario Court of Justice)
36 Wyndham Street South, Guelph, ON N1E 4M6
(519) 826-4431
Guelph and Wellington County criminal matters. The Woolwich Street courthouse handles civil, family and small claims, not criminal.
Charged with theft under $5,000?
Defence starts with a conversation.
Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.