What Is Fraud & Theft?
Under Section 380 (1) of the Criminal Code of Canada, you can be charged with fraud if “by deceit, falsehood or other fraudulent means, defrauds the public or any person of any property, money or valuable security or any service.” Alternatively, theft is defined under Section 322 (1) as “fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate…”.
Fraud can be categorized into fraud that exceeds five thousand dollars value and fraud where the subject matter is under five thousand dollars worth of value. The magnitude of harm and whether or not the public is targeted helps determine effect and consequence in both types.
As per Section cc. 380. (1) of the Criminal Code of Canada, anyone found guilty of fraud over $5000 is guilty of a criminal offence that is punishable by law.
Under the Criminal Code of Canada, Section cc. 380. (1)(b), anyone found guilty of fraud under $5000 is guilty of a criminal offence that is punishable by a term of imprisonment for up to two years.
The theft crime involves someone taking possession of something, taking steps to move, or eventually converting the object in a fraudulent manner. The intent to take possession or move the object must be established to identify if the possession is illegal. There are two types of theft in Canada, under $5000 and over $5000.
As per Section 334(b) of the Criminal Code of Canada, "anyone who commits theft where the value of stolen object is below $5,000, is guilty of an offence that is punishable on summary conviction."
Anyone who commits a theft where the property's value is more than $5,000 will be charged with an indictable offence that carries a maximum sentence of 10 years imprisonment as per Section 334(a) of the Criminal Code of Canada.
Difference Between Theft and Fraud
$5000 is a dividing line that determines fraud and theft and splits the offences into two different classes of severity based on value/amount, as identified by law. Why would an act be considered theft versus fraud?
The method of obtaining the funds determines whether the crime is a fraud or a theft. While the victim of theft or fraud focuses on the result of the offence, the law differentiates between money obtained by force, threats, or furtiveness rather than guile or trickery - the former being theft and the latter being a fraud.
Get in Touch
Richard Allan and his team have extensive experience defending small and large-scale theft and fraud cases. No matter how small your property charge is, it can majorly affect your life. If you’re in trouble and are looking for a fraud lawyer in Orangeville, contact Richard Allman Law Office today.