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 St. Catharines, Ontario.
Shoplifting, employee theft, and other low-value theft charges. Routinely diverted or resolved without a criminal record for first-time accused.
- Courthouse
- St. Catharines Courthouse (Ontario Court of Justice)
- Court Phone
- (905) 988-6200
- 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 St. Catharines
St. Catharines criminal matters are heard at the St. Catharines courthouse on Church Street. Provincial offences from across Niagara Region, St. Catharines included, are heard at the Niagara Region POA court in Welland.
Criminal Court
St. Catharines Courthouse (Ontario Court of Justice)
59 Church Street, St. Catharines, ON L2R 7N8
(905) 988-6200
North Niagara criminal matters. South Niagara matters are heard at the Welland courthouse on East Main Street.
Charged with theft under $5,000?
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