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 Newmarket, Ontario.
Shoplifting, employee theft, and other low-value theft charges. Routinely diverted or resolved without a criminal record for first-time accused.
- Courthouse
- Newmarket Courthouse (Ontario Court of Justice)
- Court Phone
- (905) 853-4801
- 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 Newmarket
York Region criminal and civil matters are heard at the Newmarket courthouse on Eagle Street. Provincial offences from York Regional Police, OPP, and municipal enforcement are handled at the Bristol Road POA office.
Newmarket Courthouse (Ontario Court of Justice)
50 Eagle Street West, Newmarket, ON L3Y 6B1
(905) 853-4801
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.