What is Possession of Property Obtained by Crime?
Section 354(1) of the Criminal Code of Canada outlines the offence of possession of property obtained by
crime. This provision addresses situations where a person possesses property that they know was
obtained through criminal activity.
A person commits the offence of possession of property obtained by crime if they have,
- Possession: The person possesses property that was obtained, directly or indirectly, as a result of a criminal offence under the Criminal Code of Canada or another Act of Parliament. Possession can include personal possession, constructive possession, or joint possession.
- Knowledge: The person knows that all or part of the property was obtained by or derived from the commission of an indictable offence or have reasonable grounds to believe it was so obtained. Knowledge or belief that the property was obtained by crime is a critical element. The accused must know or have reasonable grounds to believe the property is tainted by criminal activity.
Types of Possession
- Personal Possession: The object is physically in the accused custody and the accused is aware of the item.
- Constructive Possession: The object is not physically in the accused’s custody but is in a location under the accused’s control, ultimately being kept for their benefit.
- Joint Possession: Joint possession occurs when two or more individuals share possession. To establish joint possession, the Crown must prove that each person had (i) knowledge, (ii) a degree of control over the item, and (iii) consent or contribution to its presence or use.
Related Provisions
- Section 355.2 – Trafficking in Property Obtained by Crime
- Section 355.4 – Possession of Property Obtained by Crime – Trafficking
Defences
Possible defences for possession of property obtained by crime include, but are not limited to:
- Lack of Knowledge: The accused did not know and had no reasonable grounds to believe the property was obtained by crime.
- Colour of Right: The accused honestly believed they had a legal right to possess the property.
- No Possession: The accused did not have actual or constructive control over the property.
If you require legal assistance for possession of property obtained by crime or other property related
offences, please contact us now for a confidential consultation.
What is Theft?
Theft occurs when a person fraudulently and without colour of right takes, or converts to their own use or
the use of another person, anything with the intent to
- Deprive, temporarily or permanently, the owner or a person with a special interest in the property;
- Deal with the property in a manner that it cannot be restored to its original condition
- Use it or deal with it in a way that affects the owner's use or enjoyment.
The word "fraudulently" means acting dishonestly or with an intent to deceive. The phrase "without colour
of right" means the person has no legal claim or honest belief in a legal right to take the property.
When dealing with theft in relation to classifying the property in question, property can be either tangible
or intangible.
The Criminal Code of Canada distinguishes theft into two main classifications:
- Theft Under $5,000
- Theft Over $5,000
Examples of Theft
- Shoplifting: Taking goods from a store without paying.
- Embezzlement: Employee misappropriating funds from their employer.
- Taking a car: Borrowing a car without permission.
Possible Defences
- Colour of Right: The accused genuinely believed they had a legal right to the property.
- Mistake of Fact: The accused mistakenly believed the property was theirs or they had permission to take it.
- Intent: The accused did not intend to permanently deprive the owner of the property. Temporary deprivation can still constitute theft.
- Consent: The owner consented to the taking of the property, however, this consent must be genuine and informed.
If you require legal assistance for theft or other property related offences, please contact us now for a
confidential consultation.
Mischief is a criminal offence under Section 430 of the Criminal Code of Canada. It broadly covers acts
that involve wilful damage, destroying, or interfering with someone’s property or computer data, or
obstructing the lawful use or enjoyment of property.
Provision in the Criminal Code of Canada
Section 430(1) of the Criminal Code of Canada defines mischief as:
Everyone commits mischief who wilfully,
- Destroys or damages property.
- Renders property dangerous, useless, inoperative, or ineffective.
- Obstructs, interrupts, or interferes with the lawful use, enjoyment, or operation of property.
- Obstructs, interrupts, or interferes with any person in the lawful use, enjoyment, or operation of property.
Mischief includes a wide range of behaviours, from vandalism to more subtle acts like disrupting
someone’s use of their property. It also extends to computer data, where destroying, altering, or
interfering with data can constitute mischief.
Types of Mischief
- Mischief to Property: Involves damaging or destroying tangible property.
- Mischief to Computer Data: Under Section 430(1.1) of the Criminal Code of Canada, this includes wilfully destroying, altering, or interfering with computer data or denying access to it.
- Mischief Causing Danger to Life: If the mischief creates an actual danger to human life, it is treated as a more serious offence.
- Mischief to Specific Types of Property: The type of property can be an aggravating factor. These types of properties include, but are not limited to, cultural property, war memorials, religious property, and educational property.
What if the Damage was Caused Unintentionally?
If the damage was caused unintentionally, it may not meet the requirements for a mischief offence under
the Criminal Code of Canada. Section 430 of the Criminal Code of Canada stipulates that the act must be
committed "wilfully," meaning with deliberate intent or recklessness. An accidental act may lack the
necessary intent to constitute mischief and, therefore, would not result in criminal liability.
If you require legal assistance for mischief or other property related offences, please contact us now for a
confidential consultation.
Robbery involves theft, taking property from another person without consent, combined with violence, threats of violence, or the use of a weapon to facilitate the theft or escape. It is distinct from simple theft
due to the element of force or intimidation.
Criminal Code of Canada Provision
Section 343 of the Criminal Code of Canada defines robbery as:
A person commits robbery when they.
- Steal with Violence/Threats: Steal property from a person and, at the time of stealing or immediately before or after, use violence or threats of violence to the person or their property to accomplish the theft or escape.
- Assault with Intent to Steal: Assault a person with intent to steal from them.
- Armed Robbery: Steal while armed with an offensive weapon, such as a firearm, or imitation weapon.
- Wounding or Beating to Steal: Wound, beat, strike, or use other personal violence to a person while stealing.
Elements of the Offence
In robbery cases, the Crown must substantiate several elements beyond a reasonable doubt for a
conviction. These elements include:
- Actus Reus: The accused stole or attempted to steal property, without consent. The act involved violence, threats, or the use of a weapon, either during the theft, immediately before, or to facilitate escape.
- Mens Rea: The accused intended to steal. The accused intended to use violence, threats, or a weapon to accomplish the theft or escape.
- Timing: The violence or threat must be connected to the theft, either before, during, or immediately after.
- Property: Can include, but not limited to, money, goods, or anything of value, even if the theft is incomplete – attempted robbery.
Degrees of Robbery
The Criminal Code of Canada does not formally categorize robbery into degrees, but sentencing varies
based on aggravating factors, such as use of a weapon, degree of violence, organized crime or gang
activity, or victim vulnerability.
If you require legal assistance for robbery or other property related offences, please contact us now for a confidential consultation.
What is Arson?
Arson is the intentional or reckless act of causing damage by fire or explosion to property. The Criminal
Code of Canada outlines several specific offences related to arson, each with distinct elements and
penalties.
Key Provisions in the Criminal CodeSection 343 of the Criminal Code of Canada defines robbery as:
- Section 433 – Arson – Damage to PropertyIntentionally or recklessly cause damage by fire or explosion to property, whether or not the individual owns the property.
- Section 433(a) – Arson – Disregard for Human LifeIf the arson endangers human life, the offence is aggravated.
- Section 434 – Arson – Own PropertyIntentionally or recklessly causing damage by fire or explosion to one’s own property is still arson if it endangers others or is done with fraudulent intent.
- Section 435 – Arson for Fraudulent PurposeSetting fire or causing an explosion to property with intent to defraud.
- Section 436.1 – Possession of Incendiary MaterialsPossessing materials, such as gasoline or explosives, with the intent to commit arson.
- Section 436 – Negligently Causing Fire or ExplosionCausing a fire or explosion through negligence, such as failing to exercise reasonable care, that damages property or endangers life.
Elements of the Offence
In arson cases, the Crown must substantiate several elements beyond a reasonable doubt for a
conviction. These elements include:
- Actus Reus: Setting a fire or causing an explosion that damages property.
- Mens Rea: The act must be intentional or reckless. Recklessness means the accused was aware of the risk of damage but proceeded anyway.
- Property: Includes, but not limited to, buildings, vehicles, crops, or any other tangible property, whether publicly or privately owned.
- Ownership: Ownership is irrelevant; damaging one’s own property can still constitute arson if it endangers others or is for fraudulent purposes.
Potential defences to arson related offences could be, but are not limited to, a lack of intent, a mistake of
fact, duress, or necessity.
If you require legal assistance for arson or other property related offences, please contact us now for a
confidential consultation.