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 Oshawa, Ontario.
Shoplifting, employee theft, and other low-value theft charges. Routinely diverted or resolved without a criminal record for first-time accused.
- Courthouse
- Durham Region Courthouse (Ontario Court of Justice)
- Court Phone
- (905) 743-2600
- 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 Oshawa
Durham Region summary criminal matters (Pickering, Ajax, Whitby, Oshawa) are heard at the Durham courthouse on Bond Street in Oshawa. HTA tickets and POA matters from Durham Regional Police and OPP East are routed to the Rossland Road POA office in Whitby.
Durham Region Courthouse (Ontario Court of Justice)
150 Bond Street East, Oshawa, ON L1G 0A2
(905) 743-2600
Charged with theft under $5,000?
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