Canadian Criminal Code Part 3 Property Crimes PROPERTY

Canadian Criminal Code Part 3 Property Crimes

PROPERTY OFFENCES Historically, property crimes (theft, etc. ) were considered so serious that the death penalty was applied 2/3 of all crimes in Code are related to property offences

ARSON Arson is the intentional or reckless causing of damage by fire or explosion to property Does not matter if arsonist is owner of property or not If arsonist knows property is occupied (or reckless) or if arson results in bodily harm, penalty is life imprisonment If no danger to life occurs, penalty is 14 years imprisonment

ARSON – RELATED OFFENCES If intent of arson is to defraud (such as to collect on insurance policy), penalty is 10 years Person allows a fire to occur by not following a standard of care a “reasonably prudent person” would follow Person possesses incendiary material or device for the purpose of committing arson Set off a fire alarm for false purposes (hybrid - 2 years if Crown deems it indictable)

THEFT Theft occurs when anyone fraudulently and without colour of right takes or converts to his or her own use anything, whether animate or inanimate, with the intent to deprive the owner of it temporarily or absolutely Generally separated into: Theft under $5000 (hybrid – 6 mths/$2000 or 2 yrs) Theft over $5000 (indictable – 10 yrs)

THEFT Accused is charged with theft based on principle of recent possession: Principle states that if person recently came into possession of reported stolen items, he/she must explain at trial how they were obtained Crown then attempts to disprove it – if Crown fails, accused is acquitted

BREAK AND ENTER (BURGLARY) Code states that break means to a) break or b) open, anything that is used/intended to close or cover an internal or external opening Enter is defined as any part of accused’s body or instrument being within any part of place/object being entered Must have intent to commit indictable offence either before or after B & E Liable to imprisonment for life (if in dwelling-house) Liable to 14 years (if not dwelling-house)

BREAK AND ENTER If accused commits indictable offence within dwelling -house without means of break and enter, lesser charge of being unlawfully in a dwelling-house is applied Also illegal to possess lock-picking, house-breaking or vault-breaking tools for purpose of breaking-in Also illegal to mask or colour one’s face with intent to commit indictable offence

POSSESSION OF STOLEN GOODS Illegal to possess any property that is known by possessor to have been obtained by way of an indictable offence If person possesses automobile with serial number removed, understood that car is stolen Same penalties as theft: If under $5000 – hybrid ($2000/6 mths; 2 years) If over $5000 – indictable (10 years)

FALSE PRETENCES Defined as “a representation of a matter of fact either present or past, made by words or otherwise, that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act upon it” Typically done to fraudulently obtain loan or credit Similar offence for person to write a cheque or use a credit card with knowledge that insufficient funds exist