The Offence of Theft: Sentences

Criminal and penal law • Published on March 2, 2020

Have you been arrested for theft? Our criminal law lawyers in Québec City explain the sentence a person charged with theft faces, including theft of property under $5,000 or over $5,000.

1. Sentences by type of theft

The offence of theft covers a wide range of behaviour, which can vary greatly in seriousness. Naturally, the sentences also vary, which means that the sentencing range is broad.

Definition: the “sentencing range” represents the sentences that have been imposed in the past for a given offence, from the lowest to the highest. It is a guide that the sentencing judge can use.

Theft of property worth $5,000 or less is punishable by a maximum of 2 years’ imprisonment, while theft of property worth more than $5,000 is punishable by a maximum of 10 years’ imprisonment.

Robbery, which is objectively more serious because it involves an element of violence, is punishable by life imprisonment.

As with any other offence, before considering a prison sentence, the court must examine the possibility of less restrictive sanctions.

For theft, the following sentences may be possible, depending on the particular circumstances of each case: a discharge, probation, a fine, a conditional sentence of imprisonment, an intermittent sentence or a prison sentence. For more on this, we invite you to read our general article on sentencing in criminal law.

Definitions:

A conditional sentence of imprisonment, also called imprisonment in the community, is a prison sentence served at home.

An intermittent sentence, also called weekend imprisonment, is a prison sentence served in a correctional facility, usually for up to two days a week.

In both cases, certain conditions must be met before such a sentence can be imposed.

2. Sentences based on the offender’s personal situation

The fundamental principle of sentencing is that “a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender” (section 718.1 of the Criminal Code).

In addition, “a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender” (section 718.2(a) of the Criminal Code).

In other words, the sentence must be individualized for each case and each offender. That is why sentences for the same offence can vary so widely.

At the sentencing stage, the defence lawyer’s job is therefore to bring out the factors in the client’s favour before the court, so that the sentence imposed fits the accused’s personal situation and the seriousness of the offence.

Consult our criminal lawyers without delay. They can analyze the appropriate sentence for you when a trial is not an option.

3. All possible sentences

To sum up, here is a table of all the possible sentences for the various theft charges, depending on the mode of prosecution (summary conviction or indictment):

Caution – minimum sentences: when the Criminal Code provides for a minimum prison sentence, the other, less restrictive sentences are not available. In other words, the judge must impose the minimum term of imprisonment on the offender.

Note that such minimum sentences exist for robbery and for motor vehicle theft, depending on the circumstances.

Contact us

To find out what sentences you may be facing, consult our criminal lawyers, who will give you a straight answer about your situation.

Note: The information above is general in nature and does not constitute legal advice. For advice on your particular legal situation, feel free to contact one of our lawyers in Québec City or Lévis.