Canadian Criminal Law/Offences/Possession of Stolen Property
|Poss'n of Stolen Prop.|
|s. 355 of the Crim. Code|
|Election / Plea|
|Crown Election||Hybrid (Under) |
|Maximum||6 months jail or $5,000 fine (under $5,000)|
|Offence Elements |
Legislation[edit | edit source]
354. (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from
- (a) the commission in Canada of an offence punishable by indictment; or
- (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
Obliterated vehicle identification number
(2) In proceedings in respect of an offence under subsection (1), evidence that a person has in his possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained, and that such person had the motor vehicle or part, as the case may be, in his possession knowing that it was obtained,
- (a) by the commission in Canada of an offence punishable by indictment; or
- (b) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
Definition of “vehicle identification number”
(3) For the purposes of subsection (2), “vehicle identification number” means any number or other mark placed on a motor vehicle for the purpose of distinguishing the motor vehicle from other similar motor vehicles.
(4) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or a thing or the proceeds of property or a thing mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.
Theft and possession 657.2 (1) Where an accused is charged with possession of any property obtained by the commission of an offence, evidence of the conviction or discharge of another person of theft of the property is admissible against the accused, and in the absence of evidence to the contrary is proof that the property was stolen.
Accessory after the fact
(2) Where an accused is charged with being an accessory after the fact to the commission of an offence, evidence of the conviction or discharge of another person of the offence is admissible against the accused, and in the absence of evidence to the contrary is proof that the offence was committed.
1997, c. 18, s. 80.
Proof of Offence[edit | edit source]
- identity of accused
- date and time of incident
- jurisdiction (incl. region and province)
- the accused was in possession of the items
- the accused knew or should have known that the items were obtained by theft
- date of actual theft of the items
- property was owned by someone (use witness or documents under ss. 491.2 and 657.1)
- that the lawful owner did not give or lend the goods to anyone
- the owner did not give permission for the accused to take or convert it
- the items were not given to the accused in good faith (no colour of right)
- value of the property
- continuity of the property
- file photo of property or actual property as exhibits (s. 491.2)
- if shoplifting,
- that the accused did not pay for items or make attempt to pay
- that the accused did not have money to pay for the items
- whether the accused had property in possession at time of arrest
Interpretation[edit | edit source]
Misc Issues[edit | edit source]
- s. 491.2(1) -- photographic evidence
- s. 657.1(1) -- Proof of ownership and value of property