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 Kitchener, Ontario.
Shoplifting, employee theft, and other low-value theft charges. Routinely diverted or resolved without a criminal record for first-time accused.
- Courthouse
- Kitchener Courthouse (Ontario Court of Justice)
- Court Phone
- (519) 741-3200
- 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 Kitchener
Waterloo Region criminal matters are heard at the Kitchener courthouse on Frederick Street. Provincial offences from across the region — Kitchener, Waterloo, Cambridge and the townships — are heard at the Waterloo Region POA court on Queen Street North.
Criminal Court
Kitchener Courthouse (Ontario Court of Justice)
85 Frederick Street, Kitchener, ON N2H 0A7
(519) 741-3200
All Waterloo Region criminal matters — Kitchener, Waterloo, Cambridge and the townships.
Charged with theft under $5,000?
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