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Possession of Stolen Property

The Charge

Closely related to theft, possession of stolen property is an offence punishable by indictment, if the value of the property is over $5000, for up to two years imprisonment. Where the value is under $5000, the offence is punishable on summary conviction for up to two years jail, less a day. Section 354 of the Criminal Code sets out that it is an offence to possess property “knowing that the property was obtained or derived directly or indirectly by the commission of an offence.”  Thus, it is illegal to possess property that has been stolen or obtained fraudulently. It is an essential element of the offence that the Crown proves, beyond a reasonable doubt, that the accused knew that the property was derived from an offence and that the accused exercised control over the property.

The Investigation

Actual theft or fraud is not an essential element of this offence. Rather, the Crown need only prove that the property belonged to someone other than the accused and that the accused had knowledge that the property he possessed was, in fact, obtained through the commission of an offence. The investigating officer will certainly take statements from the property’s true owner and any witnesses who observed the accused in possession of the property. Knowledge that the property was obtained through an offence may be inferred, such as where the suspect is driving a vehicle with a broken door lock and a “punched” ignition. Additionally, police will also very likely seek to obtain an explanation from their suspect in an effort to get the suspect to admit that they knew the property was obtained illegally. This is where we as experienced defence lawyers can help by providing advice to our clients regarding their rights under the Charter, including their right to remain silent.

Recent Successes

R. vs. D.R. - Vancouver Provincial Court

Charge: Assault (domestic).
Issue: Whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings on the assault charge. Our client entered into a 12 month Peace Bond. No criminal record.

R. vs. B.Z. - Port Coquitlam Provincial Court

Charge: Assault (domestic).
Issue: Given the rehabilitative steps we were able to direct our client through, whether it was in the public interest to proceed with this prosecution.
Result: Mr. Johnson was able to provide Crown counsel with information that allowed him to persuade Crown to enter a stay of proceedings. No criminal record.

R. vs. M.C. - Vancouver Provincial Court

Charges: Driving While Prohibited.
Issue: Whether it was in the public interest for Crown to proceed with the prosecution of this offence which carries a 12 month mandatory minimum driving prohibition.
Result: Mr. Johnson was able to persuade Crown counsel to proceed on the lesser offence of driving without a valid licence. Our client received a $500 fine and a 30 day driving prohibition.

R. vs. M.L. - Surrey Provincial Court

Charges: Sexual Interference.
Issue: Whether the Crown could prove that our client sexually interfered with his niece.
Result: After a 6 day trial, Mr. Johnson was able to persuade the trial judge that there was reasonable doubt as to the complainant's credibility and reliability. Not guilty. No jail. No criminal record.

R. vs. R.R. - Richmond Provincial Court

Charges: Theft Under $5000 (shoplifting).
Issue: Whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to provide Crown counsel with information that led Crown to resolve this matter with a Caution Letter. No charges were approved. No criminal record.

R. vs. B.R. - Vancouver Youth Court

Charges: Assault Causing Bodily Harm; Assault with a Weapon.
Issue: Whether our client was acting in self defence when he injured the complainant with a knife during an altercation.
Result: Mr. Mines was able to provide information to Crown counsel that resulted in Crown declining to approve any charges. No criminal record.

R. v. C.C. - Surrey provincial Court

Charges: Impaired Driving, Dangerous Driving Causing Death. Issues: Whether police breached our client's Charter rights during the investigation; whether the court would accept the Crown's sentencing submission.
Result: Mr. Mines was able to persuade Crown counsel that police breached our client's right against an unlawful seizure of his breath samples. This resulted in the Crown's inability to prove the Impaired Driving / Over .08 offences.  The Crown had originally been seeking up to 4.5 years jail, but sought a one year jail sentence on the Dangerous Driving Causing Death charge. After hearing Mr. Mines' submissions, the court found that 5 months was the appropriate sentence.

R. vs. B.S. - North Vancouver RCMP Investigation

.Charge: Uttering Threats.
Issue: Whether there was a public interest in proceeding with the proposed charge.
Result: After Mr. Johnson made  representations to the investing officer, police advised that no charges would be forwarded to Crown counsel. No criminal record.

R. vs. C.M. - Vancouver Provincial Court

Charge: Driving While Prohibited.
Issue: Whether it was in the public interest to proceed with the charge, which carries a one year mandatory minimum driving prohibition upon conviction.
Result: Mr. Mines was able to persuade Crown counsel to proceed on the lesser charge of driving without a valid drivers license. The court agreed with Mr. Mines' submissions and imposed a fine but did not impose any driving prohibition.

R. vs. N.A. - Vancouver Provincial Court

Charges: Driving While Prohibited.
Issue: Whether it was in the public interest to proceed with the charge.
Result: Mr. Mines was able to persuade Crown counsel to allow our client to plead to the lesser offence of driving without a valid driver's license. Rather than face a mandatory minimum 12 month driving prohibition, our client was sentenced to a fine. No driving prohibition.  

R. vs. J.C. - Quesnel Provincial Court

Charges: Assault (domestic).
Issue: Whether it was in the public interest to proceed with the prosecution given the rehabilitative steps we guided our client through.
Result: Mr. Gauthier was able to persuade Crown counsel to stay the criminal charge upon our client entering into a Peace Bond. No criminal record.

R. vs. S.C. - Surrey RCMP Investigation

Charge: Theft/Fraud Over $5000.
Issue: Whether it was in the public interest to proceed with a criminal prosecution in this $400,000 fraud/theft from employer case.
Result: Mr. Mines was able to reach a civil settlement with the complainant and was able to persuade police to not forward any criminal charges. No criminal conviction; no jail.

The Defence

Unreasonable Search

Section 8 of the Charter guarantees that people must be free from unreasonable search and seizure. The role of defence counsel in any search case is to analyze the actions of the investigating police officers to test whether their search was, in fact, lawful and authorized by the Charter. In some situations, police must obtain pre-authorization from a justice or judge in the form of a search warrant. Where police overreach their authority, and conduct a search based on mere suspicion, rather than probable grounds, we will apply to the court under s.24(2) of the Charter to have the “fruits of the search” excluded from the trial. Without the admission of the property into the trial, the court will likely find insufficient evidence to convict.

Lack of Knowledge

Section 4(3) of the Criminal Code sets out that a person has something in “possession” when they:

  • Are in actual possession of it; or
  • Knowingly keep the thing in any place; and
  • Where one of two persons or more, with the knowledge and consent of the rest, has the thing in their custody, it shall be deemed to be in the custody of all of them.

Even in situations where police find an accused in actual possession of stolen property, absent any confession, the accused will be found not guilty if they can establish that they believed on reasonable grounds that they were in lawful possession of the property or that they were acting under the authority of a person whom they reasonably believed had lawful authority over the property.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.