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 Welland, Ontario.
Shoplifting, employee theft, and other low-value theft charges. Routinely diverted or resolved without a criminal record for first-time accused.
- Courthouse
- Welland Courthouse (Ontario Court of Justice)
- Court Phone
- (905) 735-0010
- 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 Welland
Welland criminal matters are heard at the Welland Courthouse on East Main Street. Provincial offences from all twelve Niagara municipalities are heard at the Niagara Region POA court, further along the same street.
Criminal Court
Welland Courthouse (Ontario Court of Justice)
102 East Main Street, Welland, ON L3B 3W6
(905) 735-0010
South Niagara criminal matters. North Niagara matters are heard at the St. Catharines courthouse on Church Street.
Charged with theft under $5,000?
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