• Vancouver at night

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. S.F. - Provincial Court of Newfoundland

Charge: Possession for the Purpose of Trafficking (Marijuana).
Issue: Whether it there was a substantial likelihood of obtaining a conviction.
Result: Upon considering Mr. Johnson's representations, Crown counsel concluded that there was no longer a likelihood of conviction. Crown withdrew the charge, bringing the matter to an end. No criminal record.

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

Charge: Application for firearms prohibition and forfeiture.
Issue: Whether Crown could establish that our client posed a risk to himself or others.
Result: Mid trial, Mr. Mines was able to obtain a successful resolution in which our client consented to an 18 month prohibition rather than the 5 years Crown had been seeking.  Further, rather than having to forfeit the  $15,000 worth of weapons that police seized,  Crown agreed to allow our client to sell them to a suitable buyer.

R. vs. C.B. - Vancouver Police Investigation

Charge: Possession of proceeds of crime.
Issue: Whether there was any lawful authority to arrest our client and seize funds from him.
Result: Mr. Johnson was able to persuade the investigating officer that there was no basis to search our client and to return the $2400 cash that he had seized. No charges approved. Not criminal record.

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

Charge: Assault.(domestic)
Issue: Given the rehabilitative steps we were able to guide our client through, whether our client would be convicted of assaulting his son.
Result: Notwithstanding the breach of trust, after hearing Mr. Mines' submissions, the court granted our client a 12 month conditional discharge.

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

Charge: Public Mischief x2; Assault Police Officer.
Issue: Given our client's personal circumstances and his rehabilitation, whether there was a public interest in proceeding with the criminal prosecution.
Result: Mr. Mines was able to persuade Crown counsel to allow our client into the Alternative Measures Program and, upon its completion, to direct a stay of proceedings. No criminal record.

R. v. A.M. - Vancouver Provincial Court

Charge: Assault.
Issue: Whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to guide our client through a course of rehabilitative steps and was then able to persuade Crown counsel to direct a stay of proceedings. no criminal record.

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

Charge: Assault Police Officer, Obstruct Police Officer.
Issue: Whether, in the circumstances, the police lawfully arrested our client.
Result: Mr. Mines was able to persuade Crown counsel that the arrest was unlawful and that, therefore, our client was able to resist the arrest. Stay of Proceedings prior to trial. No criminal record.

R. vs. S.H. - Vancouver Police Investigation

Charge: Assault.
Issue: Whether the evidence was sufficient to support a criminal prosecution.
Result: Mr. Johnson made representations to the investigating officers which ultimately persuaded police to not forward any charges to Crown counsel. No criminal record.

R. vs. H.J. - Surrey Provincial Court

Charge: Unlawful Storage of Firearms.
Issue: Whether it was in the public interest to proceed with the criminal charge.
Result: Mr. Mines was able to persuade Crown counsel to direct a stay of proceedings upon our client agreeing to a 5 year firearms prohibition. No criminal record.

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

Charges: Domestic Assault (x2).
Issue: Given the extensive rehabilitative steps our client took, whether it was in the public interest to proceed with the charges.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings on both charges. Our client was able to reconcile with his family. No criminal record.

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

Charge: Mischief Under $5000.
Issue: Whether it was in the public interest to proceed with the charge, given the excessive force used in arresting our client.
Result: Mr. Johnson provided information to Crown on our client's behalf and was able to persuade Crown to enter a stay of proceedings. No criminal record.

R. vs. J.T. - Surrey Provincial Court

Charges: Assault; Resist /Obstruct Police.
Issue: Whether there was a substantial likelihood of a conviction and whether there was a public interest in proceeding with the charges.
Result: Mr. Johnson provided Crown with additional information regarding the alleged facts of the assault complaint and the excessive force used by police in arresting our client.  Ultimately Mr. Johnson persuaded Crown counsel to stay the proceedings on both charges. No criminal record.

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.