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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

B.G. – Vancouver Provincial Court

Charge: Theft/Fraud Over $5000 (from employer).
Issue: Given the self rehabilitation and civil settlement made by our client, whether a non-custodial sentence was appropriate in this $60,000 theft from employer case.
Result: Mr. Gauthier was able to persuade the Court that the appropriate sentence was an 18 month community-based sentence with 6 months of house arrest. No jail.

R. vs. J.C. – Vancouver Provincial Court

Charge: Assault (domestic).
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest for Crown counsel to continue the prosecution.
Result: Mr. Mines was able to provide new information to Crown and was ultimately able to persuade Crown to enter a stay of proceedings. No criminal record.

R. vs. S.L. – Insurance Fraud Investigation

Charge: Fraud Over $5000.
Issue: Given our client's settlement of the fraud claim by paying funds back on a "without prejudice" basis, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade the investigator to not forward any report for charge assessment. No charges were approved. No criminal record.

R. vs. K.A. – Surrey Provincial Court

Charge: Assault Causing Bodily Harm.
Issue: Whether the complainant and the Crown witnesses gave reliable and crdible evidence at trial.
Result: After vigorous cross examination, the trail judge accepted Mr. Gauthier's submissions that Crown counsel had failed to prove its case. Not guilty verdict. No criminal record.

R. vs. X.L. – Vancouver Provincial Court

Charge: Assault (domestic).
Issue: Whether the information police provided to Crown counsel would cause Crown to conclude there was a substantial likelihood of obtaining a conviction.
Result: Mr. Mines provided information to Crown on our client's behalf. He was able to persuade Crown that our client was in fact the victim of an assault and was acting in self defence. No charges were approved. No criminal record.

R. vs. M.S. – Vancouver Provincial Court

Charges: Criminal Harassment (domestic).
Issue: Whether our client's mental state was such that Crown counsel could prove that she had the necessary level of intent to be convicted of a criminal offence.
Result: Mr. Gauthier was able to provide our client's medical documentation to Crown which resulted in Crown deciding not to proceed with the prosecution. Stay of proceedings. No criminal record.

R. vs. J.X. – Vancouver Provincial Court

Charges: Driving while prohibited (MVA).
Issue: Whether the delay in approving the charge was relevant to our client's right to a speedy trial.
Result: Mr. Mines was able to persuade Crown counsel to proceed on the lesser offence of driving without a valid driver's licence. Rather than a 12 month driving prohibition and 10 penalty points, our client was sentenced to a 3 month driving prohibition and received only 3 penalty points.

R. vs. Q.B. – North Vancouver RCMP investigation

Charges: Sexual assault.
Issue: Whether or not the acts complained of were consensual or not, and whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Mines provided further information to th einvestigator on our client's behalf that ultimately led to police declining to recommend any criminal charges. No charge was approved. No criminal record.

R. vs. J.G. – Vancouver Provincial Court

Charges: Assult (domestic).
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest for Crown counsel to continue the criminal prosecution.
Result: Based on the information Mr. Mines provide regarding our client, Crown directed a stay of proceedings bringing the matter to an end. No criminal record.

R. vs. E.E. and B.L. – Insurance Fraud Investigation

Charges: Fraud; misrepresentation.
Issue: Whether it was in the public interest to proceed with a criminal investigation and prosecution.
Result: Mr. Gauthier was able to negotiate a civil settlement on our clients' behalf resulting in an end to the matter. No police investigation. No criminal record.

R. vs. S.G. – North Vancouver Provincial Court

Charges: Assault (x2). Issue: Whether our client was involved in a consensual fight; used reasonable force in defending himself, or was guilty of two counts of assault. Result: At the conclusion of  a three day trial and hearing Mr. Gauthier's submissions on our client's behalf, the trial judge found our client not guilty on both counts. No jail. No criminal record.

R. v. K.T. – Delta Police Investigation

Charges: Criminal Harassment.Issue: Whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to provide the police investigator with information about our client and the circumstances of the incidents that led to the discontinuation of the investigation. File closed. No criminal charges recommended.

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.