Property related offences often involve multiple legal issues. These issues typically surround identifying the owner of the property, identifying the person that took or possessed the property after it was taken, and proving knowledge that the person was not allowed to possess the property. Proving that damage was caused to the property and proving that a specific person caused that damage may also be an issue.
King Defence has successfully defended clients in all categories of property crimes at trial. Creative strategies have also been negotiated with Crown prosecutors to either have charges withdrawn or reduced when restitution and/or community service hours have been or will be performed.
Theft involves a person moving or attempting to move something with intent to steal that thing. Even if the person decides to stop trying to steal the thing after starting, a conviction of theft can still happen. The prosecutor must prove that the person two took or tried to take the thing did not have permission to take the thing.
Fraud involves dishonesty that risked depriving the victim of their property. This can range from pawning something that does not belong to the accused person, to embezzling money from an employer through physical or electronic means.
POSSESSION OF STOLEN PROPERTY / POSSESSION OF PROCEEDS OF CRIME
A person can be charged with possession of stolen property if the person in possession ofthe property knew the property was stolen, or should have known the property was stolen.For instance, the court may find that someone buying a $25,000 truck for $5,000 from aseller on Kijiji should ask questions about where the truck came from before buying it. The court may find that buyer intentionally failed to make inquiries about the legitimacy of the sale because the buyer thought the truck may have been stolen and wanted to take advantage of the low price.
Mischief involves damaging or interfering with property that is not the property of the accused person. This could include disrupting the flow of traffic on a street, or breaking someone’s window.
Robbery involves the threat of violence or an actual assault while committing or attempting to commit a theft. Simply raising a hand in a threatening manner while taking something from a person without permission can constitute a personally robbery.