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Shoplifting / Theft under $5000

The Charge

People accused of shoplifting may be charged with theft under $5000, pursuant to s. 322 of the Criminal Code. A shoplifting conviction can have very serious consequences, including being denied entry to the United States and not being employable in certain fields such as the financial and government sectors. For people who are not citizens or permanent residents, a shoplifting conviction will lead to removal from Canada. Over the years, many of our clients have expressed regret and shock in the aftermath of being charged with shoplifting. Fortunately, we are often able to resolve shoplifting charges resulting in no criminal record for our clients.

The Investigation

The Criminal Code describes theft as “taking or fraudulently converting anything from another person with the intent to deprive the owner of that thing.” Theft is committed when, with intent to steal something, the accused “moves it.” In the context of a shoplifting charge, the Crown will typically call a store employee or a loss prevention officer to testify that they observed the accused select an item belonging to the store, conceal it in some fashion, and walk past a cash desk without offering to pay. Typically, when a store security person makes such an observation, they will affect a “citizen’s arrest” and detain the suspected shoplifter for police. Often, store security will look for any video surveillance recordings to back up their observations. It is common practice for police to release most shoplifting suspects with a Promise to Appear in Provincial Court at a future date.

Many of our clients have expressed surprise that retailers and police would actually pursue theft under $5000 against them for a relatively small shoplifting offence. In fact, most retailers in British Columbia have a policy to prosecute all shoplifters, including people suspected of making false returns or switching price tags on products. British Columbia prosecutors have a policy of approving charges against all persons when they receive evidence of a crime that will lead to a “substantial likelihood of a conviction.”

Recent Successes

R. vs. J.F. - North Vancouver Provincial Court

Charges: Possession for the purpose of Trafficking; Obstruct Police.
Issue: Whether the cocaine found by police was intended for sale or for personal use, and whether it was in the public interest to prosecute.
Result: Mr. Mines was able to provide information to Crown counsel which resulted in Crown agreeing to drop all charges upon our client successfully completing the Alternative Measures Program.

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

Charge: Possession of a loaded restricted handgun, without a permit.
Issue: Whether the Crown could prove that our client did anything more than briefly touch the gun while he a passenger in a vehicle.
Result: Mr. Mines was able to persuade the trial judge that our client's actions were minimal and that his youthful age and lack of record allowed him to be granted  a conditional discharge. No conviction. No jail.

R. vs. S.S. - Nelson Provincial Court

Charges: Possession for the Purpose of Trafficking (MDMA, Ketamine, Cocaine).
Issue: Given the nature of the search and seizure, the rehabilitative steps we were able to guide our client through, and given the recent changes to the mandatory minimum jail sentence for this offence, whether our client was eligible for a non-custodial sentence.
Result: Notwithstanding the large amount of drugs involved (approximately 2 kgs), Mr. Johnson was able to persuade the court to impose a conditional sentence of two years, less one day. No jail.

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

Charges: Assault.
Issue: Given the provocation that preceded the incident, what  the appropriate sentence would be.
Result: Mr. Gauthier was able to persuade the court to sentence our client to a period of probation of 12 months. No jail.

R. vs. B.K. - New Westminster Provincial Court

Charge: Indecent Act.
Issue: Given the rehabilitative steps we were able to guide our client through, 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 upon our client completing an extensive course of counselling. No criminal record.

R. vs. K.L. - Vancouver Provincial Court

Charges: Theft Over $5000 (from employer).
Issue: Given the rehabilitative steps we were able to guide our client through, whether she would be sentenced to jail.
Result: After steering our client through counselling and arranging her repayment of the misappropriated funds, Mr. Mines was able to persuade Crown counsel to not seek a. jail sentence. After hearing Mr. Mines' submissions on our client's behalf, the court granted a suspended sentence and placed our client on probation for 18 months. No jail.

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

Charges: Sexual Assault; Uttering threats; assault, Breach of Release Order.
Issue: Whether there was a substantial likelihood of conviction.
Result: Mr. Mines was able to persuade Crown counsel that there was no realistic chance of conviction on the sex assault charge and Crown proceeded only on the assault charge to which our client pleaded guilty. After hearing Mr. Mines' submissions, the court granted our client a conditional discharge and Crown entered stays of proceeding on the remaining 3 counts. No jail, no criminal conviction.

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

Charge: Driving while prohibited.
Issue: Whether it was in the public interest to proceed with this charge which carries a mandatory one year driving prohibition upon conviction.
Result: Mr. Mines was able to provide Crown counsel with information that concluded our client was not at all responsible for the motor vehicle accident and persuaded Crown to proceed on the lesser offence of driving without aa valid license. Our client was sentenced to a fine and a 3 month driving prohibition.

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

Charges: Mischief Over $5000; Assault Police Officer.
Issue: Whether the sentence ought to emphasize punishment or rehabilitation in this matter where our client was alleged to have caused over $100,000 in damage to his building.
Result: Mr. Gauthier was able to provide Crown counsel with materials confirming the rehabilitative steps our client had taken for his mental health. The cRown stayed the assault police officer charge and, after hearing Mr. Gauthier's submissions, the Court granted our client a conditional discharge and placed him on probation. No jail.

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.

The Defence

Here at Mines & Company, we are always pleased when clients contact us immediately after being charged with shoplifting. This is because we can offer these clients the very best potential outcome – the chance of persuading Crown counsel to not approve the charge at all. To understand this, one must understand some basics about the Court Process. Contrary to popular belief, police do not actually “charge” suspects. Instead, police “recommend charges” to Crown counsel, who, if they see there is a “substantial likelihood of a conviction,” will approve the charge. Approving the charge is what creates the beginning of a record in terms of criminal databases such as the Canadian Police Information Centre (CPIC).

We’ve had many successful cases where we’ve been able to persuade Crown counsel to not approve shoplifting charges. We are able to achieve this excellent result in situations where clients have contacted us early in the process; prior to Crown receiving the police file. In such situations we take a full background briefing from our client including their family and work circumstances; any financial, physical or mental health issues that may have impacted their decision to shoplift. Where Crown counsel concludes that we have presented an appropriate case, they will, rather than prosecuting the individual, allow our client into the Alternative Measures Program, which is, literally, an alternative to the court system where a person can take responsibility for a relatively minor criminal act in a manner that results in no criminal record. Although alternative measures involves an admission of responsibility and may involve conditions such as community work service, the impact is significantly less severe than a criminal record for shoplifting.

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.