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Theft or Fraud Over $5000

The Charge

People charged with the offence of theft or fraud over $5000 are in a serious situation because the Criminal Code no longer permits a jail sentence for these offences to be served conditionally, under house arrest, in the community.  Crown counsel will usually take the position that people charged with significant theft offences should be incarcerated; the greater the theft or fraud is, the more severe the sentence Crown will seek. Additionally, Crown will consider whether there are aggravating factors present – such as a breach of trust, the scope of the offence, or the amount of planning and deception involved. Where the value of theft is over $5000, the maximum sentence for a conviction is up to 10 years in prison; for fraud over $5000, the maximum sentence is 14 years in jail. Because people charged with theft or fraud over $5000 face such serious consequences, it is imperative that they seek the assistance of experienced defence counsel.

The Investigation

Every case is unique, but in the majority of the Theft/Fraud over $5000 cases that we see, our client has been accused of stealing from or defrauding a business associate, an employer or a client. Sometimes the complainant is an insurer. Rather than being confronted by police, it is often the business associate, client or employer that first accuses our client. Because this is not yet a police investigation, the accused person is not entitled to be advised of their right to a lawyer or to remain silent. The suspect in these cases certainly stands a good chance of incriminating themselves while trying to explain what they did. We certainly advise anyone who is being investigated for a theft or fraud over $5000 offence to call our office for advice at the earliest opportunity.

A person being investigated for theft or fraud over $5000 usually faces the prospect of both criminal charges and a civil action for recovery of the misappropriated funds. Where civil repayment is possible, we will attempt to settle the matter promptly with the goal of avoiding a criminal prosecution. Where clients are charged criminally, our goal is to negotiate a quick release from police custody and, where necessary, to obtain our client’s release from custody in court at a show cause (bail) hearing.

Recent Successes

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

Charge: Driving While Prohibited.
Issue: Whether it was appropriate for Crown counsel to proceed on this charge, which carries a mandatory minimum 12 month driving prohibition.
Result: Mr. Johnson was able to persuade Crown to proceed on the lesser offence of driving without a valid driver's licence. After hearing Mr. johnson's submissions, the court imposed a $500 fine. No driving prohibition.

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

Charge: Assault Causing Bodily Harm.
Issue: Given the rehabilitative steps our client had taken, whether it was in the public interest to proceed with the criminal charge.
Result: Mr. Johnson was able to persuade Crown counsel to stay the criminal charge. Our client entered into a Peace Bond for a period of 9 months. No criminal record.

R. vs. Z.H. - Port Coquitlam Youth Court

Charge: Assault Causing Bodily Harm.
Issue: Whether, given the history between our client and the complainant, it was reasonable for our client apply  the level of force he used.
Result: Mr. Johnson was able to persuade Crown to not approve any criminal charge but, rather, to resolve the matter through Restorative Justice. No criminal record.

Y.Y. vs. Superintendent of Motor Vehicles - Review of Driving Prohibition

Charge: Notice of Intent to Prohibit.
Issue: Whether RoadSafety BC had appropriate reasons to prohibit our client from driving for 4 months.
Result: Mr. Johnson was able to persuade the Superintendent's adjudicator that the 4 month driving prohibition was not warranted. The driving prohibition was reduced to 2 months.

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

Charges: Assault (x2); Threatening; Breach of Undertaking (domestic).
Issue: Given the rehabilitative steps our client had taken, whether it was appropriate for the Court to convict him.
Result: Mr. Mines was able to persuade Crown to proceed on only a single count of assault. After hearing Mr. Mines' submissions, the Court granted our client a conditional discharge. No criminal conviction.  

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

Charges: Dangerous Driving Causing Bodily Harm; Driving Without Due Care and Attention.
Issue: Whether it was appropriate for Crown to charge our client under the Criminal Code or the Motor Vehicle Act in regard to an accident where our client's vehicle struck a cyclist from behind, causing serious injury.
Result: Mr. Mines was able to provide information to Crown which resulted in Crown proceeding under the Motor Vehicle Act. After hearing Mr. Mines' submissions, the Court sentenced our client to a $1000 fine and limited his ability to drive for 12 months. No criminal conviction. No loss of insurance coverage. No jail.

R. vs. C.G. - North Vancouver Provincial Court

Charge: s. 810 Peace Bond Application.
Issue: Given the rehabilitative steps our client had taken, whether the complainant continued to have fear of our client.
Result: Mr. Mines was able to persuade Crown counsel to withdraw its Peace Bond application. No conditions. No record.

R. vs. L.B. - North Vancouver Provincial Court

Charge: Fraud Over $5000 (from employer).
Issue: Given the rehabilitative steps our client had completed and given the compelling explanation of why the offence occurred, whether it was in the public interest for our client to recieve a conviction.
Result: Mr. Johnson was able to persuade the Crown to proceed summarily on the lesser offence of Fraud Under $5000, and after hearing Mr. Johnson's submission, the court granted our client an absolute discharge. No criminal record.

R. vs. R.G. - Vancouver Provincial Court

Charge: Assault.
Issue: Whether there was substantial likelihood of a conviction in this “road rage” assault case.
Result: Mr. Johnson provided information to the Crown that suggested our client was acting in self defence. No charge approved. No criminal record.

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

Charge: Theft Over $5000.
Issue: Given the steps taken by our client to repay a substantial amount of the alleged $70,000 theft from his employer, whether it was in the public interest for the Crown to pursue a jail sentence that, given the breach of trust, would normally be called for.
Result: Mr. Mines was able to persuade Crown counsel that they could only prove theft in the amount of $40,000. He was then able to persuade Crown to proceed summarily on 8 counts of Theft Under $5000 and to make a joint submission for a conditional sentence. After hearing Mr. Mines’ submissions, the court granted our client a 6 month conditional sentence and made a stand alone restitution order. No jail.

R. vs. T.G. - Vancouver Provincial Court

Charge: Assault with a Weapon; Assault Causing Bodily Harm.
Issue: Given the rehabilitative steps Mr. Johnson was able to steer our client through, whether our client would be convicted of the offences.
Result: After hearing Mr. Johnson’s submissions on our client’s behalf, the Judge granted our client a conditional discharge. No conviction; no criminal record.

UBC Independent Investigations Office vs. B.F.

Charge: Sexual Assault.
Issue: Whether the complainant could prove her allegation of being sexually assaulted.
Result: Mr. Johnson provided information to the investigator on our client’s behalf, and at the conclusion of the hearing, the allegation was dismissed.

The Defence

We are always happy to hear from clients at the earliest stage of a theft or fraud over $5000 investigation because we can offer these clients the very best potential outcome – the chance of no charges being approved at all. In our many years of defending financial crimes, we’ve learned that many complainants are more interested in recovering their loss than they are in pursuing a criminal conviction. In these cases, as well as those cases in which Crown has approved charges, our goal is to negotiate and obtain a civil settlement, which involves our client repaying the complainant on the complainant’s promise to provide a full release from any further civil liability. We find that in many cases, a complainant that has been compensated is no longer interested in pursuing criminal charges. In cases that do proceed, the courts will consider restitution and civil settlement to be mitigating factors upon sentencing.

Where Crown has approved theft/fraud over $5000, we have been successful in obtaining non-custodial sentences for our clients. For example, we have successfully persuaded Crown to break down “theft over” charges into a series of “theft under” charges so that a suspended sentence or conditional sentence became available.

In the event that the Crown’s case is very strong and it isn’t possible to negotiate a non-custodial sentence, we will prepare for trial to defend our client. Theft/Fraud over $5000 cases can involve fairly complex issues regarding the laws of evidence. We are well versed in the various technical rules of evidence as set out in the Criminal Code, the Canada Evidence Act and case law precedent. These rules involve the various requirements police and Crown must comply with when they seek to introduce business banking or other documentary evidence at trial. Our experience allows us to develop arguments at trial aimed at protecting our clients’ rights to have a fair trial as guaranteed by the Charter.

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.