Property Offences: Theft, Robbery, Break & Enter, Mischief to Property, etc.

R. v. W.K. (Superior Court of Justice) - Brampton
Charges: Possession of Stolen Property Over $5000.00; Possession of burglar tools.
Allegations: Police officer notices a suspicious transport truck driving in an industrial area at night, followed by a SUV.  Upon surveillance, the police officer views the transport truck park and the person inside exit the truck and enter the SUV.  Police pull over the SUV and further investigation uncovers the transport truck to be stolen.  Upon search of the SUV, various suspicious items found inside.
Result: Motion for non-suit granted: Not guilty on all charges.

R. v. N.T. (Ontario Court of Justice)
Charges: Theft Under x2, Assault with Intent to Resist Arrest, Assault, etc.; 
Allegations: While at Home Depot, accused was alleged to have stolen expensive drill bits and other items.  He attempts to flee from security officers in the process and assaults them in so doing. The trial ran for multiple days.
Result: Charges stayed.  A constitutional application was brought on the basis that Home Depot and the police were negligent in destroying the video surveillance tapes that defence wanted to use as part of their defence in denying the allegations.  Judge agreed and stayed the charges.

R. v. C.P (Toronto: North York, 1000 Finch Ave.). Charges: Fraud Over $5000.00. Allegations: Employee alleged to have embezzled a significant amount of money from employer (over $50,000) through her signing authority. Result: All charges withdrawn.

R. v. C.S & A.S. (Ontario Court of Justice)
Charges: Possession of Property Obtained by Crime Over $5000.00 x 3; Possession of Property Obtained by Crime Under $5000 x 3; Possession of Marijuana for the Purpose of Trafficking; 
Allegations: Two individuals alleged to have been running a massive operation by selling stolen items on EBay and similar forums.  Upon search of the home, police allege to have found stolen vehicles, electronics, controlled substances, and other items of interest along with large amounts of money.
Result: C.S. pleads to one count of possession of property obtained by crime and one count of marijuana possession and receives 12 months probation.  All charges against A.S. are withdrawn.

R. v. M.L. (Ontario Court of Justice) - Toronto
Charges: Break and Enter into a Dwelling | Possession of Property Obtained by Crime
Allegations: Accused of being party a break and enter into a dwelling and then a subsequent escape in a motor vehicle.
Result: All charges withdrawn

R. v. N.S. (Ontario Court of Justice) - Toronto
Charges: Uttering Threats x4, Weapons Dangerous, Mischief Under, Criminal Harassment
Allegations: Alleged to have got in a dispute with complainant over email which then escalated to physical threats to her and her child, attendance at her home, and slashing her mother's car tire.

Result: All charges withdrawn R. v. L.A. (Ontario Court of Justice) - Newmarket
Charges: Possession of Stolen Vehicles (Possession of Property Over $5000.00)
Allegations: Accused being party to a "chop shop" where vehicles where stolen and then taken to be refitted.
Result: All charges dismissed

R. v. M.M. (Ontario Court of Justice) - Toronto
Charges: Mischief Under x 11
Allegations: Accused of causing damage to 11 cars on the way home from the bar with two co-accused.  Co-accused both plead guilty.  M.M. went to trial.  Constitutional application brought forward.
Result: Charges withdrawn in the face of Constitutional Application

R. v. S.A. (Ontario Court of Justice) - Toronto
Charges: Possession of Property Obtained by Crime / Use of Counterfeit Credit Card x 2 / Fraudulent use of Credit Card
Allegations: Accused with two others of being party to using a fraudulent credit card to purchase items from a retain store.
Result: Not guilty on all counts

R. v. J.R. (Ontario Court of Justice) - Toronto
Charges: Obstruct Police, Possession of Stolen Property Under $5000.00
Allegations: Accused of being party to passing fraudulent cheques that were stolen from a break and enter into a business. 
Result: Charges withdrawn

R. v. F.J. (Ontario Court of Justice) - Toronto
Charges: Theft Under, Possession of Stolen Property
Allegations: Accused of being an insider to stealing merchandise from a retain store where a smaller item would be purchased, and then a larger, more expensive item, would be picked up at the pick-up dock.
Result: Charges withdrawn after charitable donation made to Sick Kids Hospital.

R. v. D.A. (Ontario Court of Justice) - Barrie
Charges: Causing a Public Disturbance
Allegations: Accused of causing a disturbance in Barrie after attending a local drinking establishment
Result: Not guilty

R. v. S.F. (Ontario Court of Justice) - Brampton
Charges: Theft Under, Possession of Stolen Property
Allegations: Accused of a party to stealing clothing item in a retail store.  Caught on camera.
Result: Not guilty

R. v. N.P.  (Ontario Court of Justice) - Toronto
Charges: Theft Under, Assault With a Weapon, Weapons Dangerous
Allegations: Accused was alleged to have taken the victim's bicycle with a co-accused.  The co-accused got away but the accused was chased down by the victim.  Before police arrive, the accused was alleged to have thrown a glass bottle at the victim's head. 
Result:  Not Guilty on all counts as charges but guilty of simple assault.

R. v. C.L. (Ontario Court of Justice)
Charges: Uttering Forged Document; Failure to Attend Court
Allegations: Accused of using a Health Card that was not hers.
Result:  Absolute Discharge for Forged Document; Failure to Attend withdrawn

R. v. D.P. (Ontario Court of Justice) - A link to the case can be found here - Toronto
Charges: Theft Under (Breach of Trust - Employee/Employer Relationship)
Allegations: Accused of stealing merchandise from a retail store while working there
Result: Conditional Discharge

R. v. S.C. (Ontario Court of Justice)
Charges: Theft Over $5000.00
Allegations: Client is alleged to be the driver of a car that was followed by police and then determined to be stolen.  Client is arrested a short distance away from stolen vehicle.
Result: Charges withdrawn at Preliminary Hearing

R. v. M.K. (Ontario Court of Justice) - Burlington
Charges: Robbery
Allegations: Accused, along with other participants, set up victim and take him out to a park where he beats him, robs him, takes his bank card and money, and leaves him without any clothes other than his underwear on.   Victim attends stranger's house for assistance, then hospital, then reports to police.
Result:  Plea of guilt entered.  Sentenced to house arrest (conditional sentence) for a period of one year.

R. v. N.P. (Ontario Court of Justice)
Charges: Theft Under, Assault With a Weapon, Weapons Dangerous
Allegations: Accused was alleged to have taken the victim's bicycle with a co-accused.  The co-accused got away but the accused was chased down by the victim.  Before police arrive, the accused was alleged to have thrown a glass bottle at the victim's head. 
Result:  Not Guilty on all counts as charges but guilty of simple assault.

Property Offences in Ontario

Property offences take a variety of forms.  Some property offences include violence, some do not, some involve planning and sophistication, many are the exact opposite.

Because of the variety of different property offences and the context in which many of them arise, the law can be complicated in these areas.  For example, there are some legal principles that permit the judge to make a presumption that a person knew the items were stolen simply because they had the items in their possession shortly after it was taken.  Issues like this, and many similar issues that can arise during a property offence case, are best managed with the assistance of knowledgeable legal counsel. 

However, not all property offences are complicated.  The Courts routinely see individuals charged with shoplifting offences where the item alleged to have been taken was less then a few hundred dollars.  In those instances, it is common that a person may be eligible for "diversion" which means that the Crown will withdraw the charge if the accused completes community service, makes a donation to charity, or perhaps a combination of the two.  Even though most individuals can handle these steps on their own, having the assistance of a lawyer can ensure that once the charges are withdrawn, the police destroy your fingerprints and records of the proceedings to avoid future embarrassment in potential employment prospects. 

No matter whether you are charged with stealing a bag of potato chips or alleged to have robbed a bank, retaining an experienced lawyer is the first step to ensuring that you are not treated unfairly and obtain the best possible result in the circumstances.