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 Toronto, Ontario.
Shoplifting, employee theft, and other low-value theft charges. Routinely diverted or resolved without a criminal record for first-time accused.
- Courthouse
- Toronto Courthouse (Ontario Court of Justice)
- Court Phone
- (416) 327-5707
- 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 Toronto
Toronto's POA matters are heard at 137 Edward Street; summary criminal charges are heard at the new Toronto Courthouse on Armoury Street, College Park, and the Ontario Court of Justice at Old City Hall (where still in operation). We appear at all of them.
Toronto Courthouse (Ontario Court of Justice)
10 Armoury Street, Toronto, ON M5T 0C2
(416) 327-5707
Charged with theft under $5,000?
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