Offences of Dishonesty, Theft, Fraud, Break & Enter, Forgery, Counterfeiting

OFFENCES OF DISHONESTY

Theft

The definition of theft is found in Section 322(1) of the Criminal Code of Canada (and related provisions):

322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without of right converts to his use or to the use of another, anything, whether animate or inanimate, with intent

(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;

(b) to pledge it or deposit it as security;

(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or

(d) to deal with it in such a manner that it cannot be restored in the condition

There are numerous subdivisions of the theft provision including Theft of Oysters (s. 323), Theft of Telecommunication Service (s. 326), Theft by Person Holding Power of Attorney (s. 331), Motor Vehicle Theft (s. 333.1), Taking Motor Vehicle or Vessel Without Consent (s. 335), Criminal Breach of Trust (s. 336), Fraudulently Taking Cattle or Defacing Brand (s. 338), Theft of Lumber (s. 339), Theft of Forgery of Card (s. 342), Theft of Computer Service (and related crimes) (s. 342.1), Identity Theft (s. 402.1)

Fraud

The definition of fraud is found in Section 380 of the Criminal Code of Canada (and related provisions)

380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(2) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject matter of the offence is a testamentary instrument or the value of the subject matter of the offence exceeds five thousand dollars; or

(b) is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction,

Breaking & Entering (with intent)

The definition of breaking and entering is found in Section 348 of the Criminal Code of Canada (and related provisions)

348 (1) Every one who

(a) breaks and enters a place with intent to commit an indictable offence therein,

(b) breaks and enters a place and commits an indictable offence therein, or

(i) committing an indictable offence therein, or

(ii) entering the place with intent to commit an indictable offence therein, is guilty [of an offence]

Forgery

The definition of forgery is found in Section 366 of the Criminal Code of Canada (and related provisions)

366 (1) Every one commits forgery who makes a false document, knowing it to be false, with intent

(2) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or

(b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.

OFFENCES OF DISHONESTY

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OFFENCES OF DISHONESTY

We are committed to your defence 24/7.

416-598-5250

We are committed
to your defence 24/7.