Shoplifting
November 10, 2022
Criminal
What is shoplifting?
When a person takes something that does not belong to them, it could result in a theft charge. Shoplifting is a common form of theft. It is defined as taking something from a retail store or establishment without paying for it, with the intention of stealing.
Is shoplifting a criminal offense?
Yes, a shoplifting charge in Canada depends on the value of the merchandise taken. If the value of the item is $5,000.00 or less, then the charge is characterized as theft under $5,000.00.
Shoplifting is coded under the Canadian Criminal Code as theft under $5,000.00. Section 322 (1) of the Criminal Code defines theft as taking the property of someone else with the intent to take it away temporarily or permanently from the rightful owner.
Therefore, you shoplift if you intend to take something that doesn’t belong to you from a store without paying for it.
What you should know when charged with a criminal offence?
· If you are charged with a criminal offence, you are presumed innocent until proven guilty, according to law in a fair and public hearing by an independent and impartial tribunal.
· Your have the right to get legal representation and legal advice before and during the process.
· It is not your duty to prove anything. The Crown counsel or Prosecutor has the burden to
prove your guilt beyond a reasonable doubt. Beyond reasonable doubt means that the prosecution must always prove their case to the extent that a reasonable person could not have any reasonable doubt as to the guilt of the accused.
What must the crown prove in a shoplifting charge?
The prosecutor must show the following to prove that you are guilty of shoplifting:
1. You are the person who committed the crime;
2. You intended to take the item without paying for it; and
3. You took the item or tried to take it from the rightful owner.
If the judge has any “reasonable doubt” about whether you are guilty of the offence, then they cannot find you guilty and must acquit you.
What are the options on how you want to proceed?
You have 3 options when faced with a criminal charge like shoplifting.
1. Plead Guilty: Pleading guilty to the charge means accepting responsibility of the crime. If you decide to plead guilty, a judge will sentence you. For instance, you may be put on probation or be required to pay a fine or face jail time in some circumstances. You can get a criminal record.
2. Plead Not Guilty: If you decide to plead not guilty to the charge, the court will set a date for your trial. At trial, the Prosecutor, or the Crown Counsel, must prove that you are guilty of the offence beyond reasonable doubt.
3. Ask for an Adjournment: If you need more time to decide how to plead, ask the court for an adjournment. The court will set a new date for your next court appearance to make plea.
Shoplifting Defences
Every case is unique. Defences may be available in one case may not be available in another. There are many defences to a shoplifting charge that may include lack of intent, mistaken identity, and color of rights.
Sentencing
If you are found guilty of the offence, you will be convicted and sentenced. Theft is a hybrid offence which means that the crown can elect to proceed by way of indictment or summary. The choice will determine severity of sentencing. Some of which include, a discharge, conditional sentence, probation, fine or jail time.
Being charged with a criminal offence can be intimidating. Lawyers at Laws & Beyond can help protect your rights. We can help you navigate through the difficulties of your charge and evaluate the evidence to determine how best to strategically achieve the most favourable result.
