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Property Crimes

Property Crimes. Robbery Arson Theft Identity Theft Break and Enter Possession of Stolen Goods Fraud. ROBBERY. Indictable Theft involving violence or the threat of violence using a weapon.

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Property Crimes

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  1. Property Crimes Robbery Arson Theft Identity Theft Break and Enter Possession of Stolen Goods Fraud

  2. ROBBERY • Indictable • Theft involving violence or the threat of violence using a weapon. • Crown just has to prove that the victim felt threatened and there were reasonable and probable grounds for that fear. • Max. life in prison.

  3. ARSON • Sect. 433 of the C.C. • Indictable • The act of intentionally causing damage to property by fire. • Penalties: • No danger to life: max of 14 years • Danger to life: life imprisonment

  4. THEFT • Hybrid offence • Taking someone's property without their consent or damaging it so severely that it is unusable. • To be convicted of theft, the Crown must prove the following: • The act was fraudulent – there was intent to do something wrong (knowledge the property is not yours) • The thief does not have COLOUR OF RIGHT to the item in question (no legal right to the property) • There must be intent to deprive the owner of the item or use it them self. • PUNISHMENT: • Value of stolen goods exceeds $5000 = indictable offence = max. 10 years. • Value of stolen goods less than $5000 • indictable= max. 2 years • summary = max. 6 months in prison or $2000 fine.

  5. IDENTITY THEFT • Hybrid offence • Section 402 • Using someone's personal information without his or her consent to commit a crime. • Indictment = max. 5 years • summary = max. 6 months in prison or $2000 fine.

  6. BREAK AND ENTER • Section 348 • Entering someone's premises without permission with intent to commit an indictable offence. • If property is a dwelling – indictable offence – max. life in prison • Not a dwelling – hybrid. • If by indictment = max. 10 years • summary = max. 6 months in prison or $2000 fine.

  7. POSSESSION OF STOLEN GOODS • Section 354 • Hybrid • To possess stolen property and know that it is stolen • If value of stolen goods > $5000 = indictable = max. 10 years. • If value of stolen goods < $5000 • indictable = max. 2 years OR • summary = max. 6 months in prison or $2000 fine.

  8. FRAUD • Section 380 • hybrid • Intentional deceit in order to cause a loss of property. • Many different forms: • False statements to obtain credit or a loan; • Credit card fraud • Writing bad cheques • If fraud > $5000 = indictable = max. 14 years in prison • If fraud < $5000 • Indictable = max. 2 years • Summary = 6 months or $2000 fine.

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