While buying groceries for the household, Edna saw on display her favourite conditioner. After doing some calculations she came to the conclusion that she did not have enough money to buy it that day.
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Not using her common sense, she decided out of the blue to take the product and put it in her bag, wishfully thinking that nobody would notice her action. But nowadays most stores have very powerful video surveillance in order to prevent and halt this kind of behaviour with the understandable intention to minimize their losses.
After paying for the product, walking by a register and walking out the door, she was approached by one of the security guards from the store, that explained to her the reason why she had been stop (not paying for the conditioner) and that she needed to take her to the store’s prevention office.
If the representatives of the store can prove that a shoplifting was committed, Edna may be ban to enter the store for at least two years, and if the police is called, she will be charged with Section cc. 334 of the Criminal Code of Canada that states:
“334. Except where otherwise provided by law, every one who commits theft
- is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or
- 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, where the value of what is stolen does not exceed five thousand dollars.”
What Is Shoplifting?
Shoplifting means taking something out of a store without paying for it. In other words, shoplifting is stealing something under the value of $5,000 from a store.
The Canadian Criminal Code defines shoplifting as theft. It’s a criminal offence. There are two main categories of criminal offences – 1) summary offences and 2) indictable offences. Generally speaking, summary offences are less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines and the court procedures are less complicated. The difference is the way in which the Crown prosecutor handles the charge. The prosecutor looks at a number of factors including the circumstances of the crime, the age of the accused, and whether or not the accused has a previous record.
A person convicted of theft under $5,000 as a summary offence can be fined up to $2,000 or imprisoned for up to 6 months or both. These are maximum penalties, however, and the penalties for a first offender would likely be much less severe.
The Consequences of a Sudden Impulse
Edna more likely will need to spend a fair amount of money to hire a Legal Representative to go trough the Court process and obviously feel remorseful for making a wrong and costly decision.
In order to avoid unnecessary problems, always be careful, but if you find yourself in this mess do not wait – call or email us and we will consider the best options to limit the damage.
