‘The Canadian Equivalent of Grand Theft Auto’
Reporting from Beta Blogs.
Something I read in a comment today. Er, yesterday.
Well, actually, there isn’t one. Not per se, anyway.
In the Canadian Criminal Code (C.C.), however, there is…
335(1):
…Every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated, or is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction.
(For the Americans reading: That’s a misdemeanour, not a felony.)
As this is not an indictable offence - it’s a criminal offence, however - they would need to be caught actually committing the offence in order to be arrested for it. (s.495(1)(b) - see here for more on that section…)
Annotations read that ‘the offence under this section is no an included offence of theft under s.334. The two offences are separate and in certain fact situations the accused may be prosecuted under either section at the option of the crown. In particular an intent by the accused to return the vehicle does not preclude his conviction for theft (R. v. LaFrance, [1975])
s.334 actually relates to s.322 (yes, really. It’s strange like that). So we’ll look at the pertinent aspects of those laws in order.
s322(1)
Everyone commits theft who 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, with intent,
(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest, of the thing or of his property or interest in it.
s334:
Except where otherwise provided by law, ever one who commits theft
(a)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
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a tern 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
You would not be required to witness this occurring to arrest for theft - s495(1)(a).
You may always go down in severity of charge in Canada, never up.
And now back to beta-ing…
Something I read in a comment today. Er, yesterday.
Well, actually, there isn’t one. Not per se, anyway.
In the Canadian Criminal Code (C.C.), however, there is…
335(1):
…Every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated, or is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction.
(For the Americans reading: That’s a misdemeanour, not a felony.)
As this is not an indictable offence - it’s a criminal offence, however - they would need to be caught actually committing the offence in order to be arrested for it. (s.495(1)(b) - see here for more on that section…)
Annotations read that ‘the offence under this section is no an included offence of theft under s.334. The two offences are separate and in certain fact situations the accused may be prosecuted under either section at the option of the crown. In particular an intent by the accused to return the vehicle does not preclude his conviction for theft (R. v. LaFrance, [1975])
s.334 actually relates to s.322 (yes, really. It’s strange like that). So we’ll look at the pertinent aspects of those laws in order.
s322(1)
Everyone commits theft who 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, with intent,
(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest, of the thing or of his property or interest in it.
s334:
Except where otherwise provided by law, ever one who commits theft
(a)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
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a tern 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
You would not be required to witness this occurring to arrest for theft - s495(1)(a).
You may always go down in severity of charge in Canada, never up.
And now back to beta-ing…