Property Offence Lawyer in Toronto

Robbery, defined in Section 343 of the Criminal Code of Canada, is typically classified as a violent crime rather than a property crime, although it often involves the taking of property. Robbery encompasses various acts where theft is accompanied by violence or threats. This includes situations where force is used or threatened to extort the stolen property, overcome resistance, or cause harm to a person. It also includes cases where personal violence, like wounding or beating, is used during the act of stealing or immediately before or after. Additionally, assaulting someone with the intention to steal and stealing while carrying a weapon are considered robbery under Canadian law.

Penalties for Robbery Charge

The penalties for robbery can be severe, especially if certain aggravating factors are present. If a restricted or prohibited firearm is used during the robbery, or if any firearm is used and the robbery is connected to a criminal organisation, the maximum punishment is life imprisonment (s. 344(1)(a)).

For first-time offences involving a firearm, the minimum punishment is five years of imprisonment. If it is the second offence involving a firearm, the minimum punishment increases to seven years (s. 344(1)(a)). In any other case where a person commits robbery with a firearm, the minimum punishment is 4 years of imprisonment.

According to Section 348 of the Criminal Code of Canada, breaking and entering (B&E) involves unlawfully entering a place with the intent to commit a criminal offence, such as theft, assault, or another offence inside. An individual can be guilty of B&E even if no other offence is committed, provided there was intent to commit a crime at the time of entry.

Related to B&E is the offence of being unlawfully in a dwelling, codified in Section 349. This offence involves being in a dwelling without lawful excuse and with the intent to commit an offence. Unlike B&E, being unlawfully in a dwelling is considered a summary conviction offence and generally attracts lower sentences.

Penalties for Break-and-Enter Charge

Sentences for break-and-enter offences vary significantly based on the nature of the crime, the location of the crime, and the circumstances surrounding it. For breaking and entering into a non-dwelling premises, if the Crown proceeds by indictment, the maximum penalty is up to 10 years imprisonment. If prosecuted as a summary conviction, the sentence can result in up to 2 years less a day in prison.

Breaking and entering into a dwelling-house is treated the most seriously and the maximum penalty is life imprisonment. Factors such as property damage, the scale of loss, and the presence of individuals can aggravate the sentence, leading to harsher penalties.

Mischief offences under the Criminal Code fall into three categories. The first involves damage to property or interference with its use, as outlined in Section 430(1). This includes destroying or damaging property, rendering it useless, and obstructing lawful use or enjoyment.

The second category pertains to electronic data, as defined in Section 430(1.1). This covers actions like destroying or altering computer data, rendering it ineffective, and obstructing lawful access or use.

The third category involves endangering life, described in Section 430(5.1). This includes willful acts or omissions that likely cause mischief, endangering life or property.

Penalties for Mischief Charge

If you are facing mischief charges in Canada, the potential penalties can vary significantly. Whether the Crown decides to prosecute your case as an indictable offence or a summary conviction offence is a critical factor, influenced by the specifics of your case, such as the value of the property involved and the nature of the mischief.

For indictable offences, the maximum penalty you could face is 10 years imprisonment if the property damage exceeds $5,000. However, if the damage is less than $5,000, the maximum sentence drops to 2 years less a day. It’s worth noting that in most mischief cases where the damage is below $5,000, the Crown will likely proceed with a summary conviction charge instead. If charged with a summary conviction offence, the maximum penalty is six months in jail, regardless of the property value. 

Stricter penalties apply to mischief involving religious, educational, or cultural property. These include fines up to $5,000 or imprisonment for up to 2 years less a day for summary convictions, and up to 10 years imprisonment if indicted. Additionally, mandatory minimum sentences apply: a first offence fine of at least $1,000, fourteen days imprisonment for a second offence, and at least 30 days imprisonment for subsequent offences.

For mischief related to data, penalties are similar: fines up to $5,000 or up to 2 years less a day of imprisonment for summary convictions and up to 10 years imprisonment if indicted. Mischief causing risk to life carries penalties of up to 5 years imprisonment if indicted, with similar fines and shorter imprisonment terms for summary convictions.

Arson is the act of intentionally or recklessly damaging property by fire or explosion. The Criminal Code of Canada outlines several specific offences related to arson, namely:

Section 433: Disregard for Human Life makes it an offence to intentionally or recklessly cause damage to property by fire or explosion if the person knows or is reckless to the fact that the property is occupied by people, or if the fire or explosion causes bodily harm to another person.

Section 434: Damage to Another Person’s Property criminalises intentionally or recklessly causing damage by fire or explosion to property that belongs to another person. 

Section 434.1: Damage to Your Property extends this to your own property, whether owned in whole or in part, if the damage is intentional or reckless.

Section 435: Arson for a Fraudulent Purpose involves causing damage to property by fire or explosion with the intent to defraud another person. 

Section 436: Arson by Negligence targets those who own or control property and cause a fire or explosion due to a marked departure from the standard of care a reasonably prudent person would use, resulting in bodily harm to another person or damage to the property.

Penalties for Arson Charge

The penalties for arson under the Criminal Code of Canada vary based on the crime’s nature and severity. For offences under Sections 433 (disregard for human life), 434 (damage to others’ property), and 434.1 (damage to your own property), the charges are indictable offences with specific penalties. Arson involving disregard for human life carries a maximum penalty of life imprisonment. Damage to property, whether it belongs to someone else or yourself, carries a maximum penalty of 14 years imprisonment.

Arson offences under Sections 435 (fraudulent purpose), 436 (negligence), and 436.1 (possession of incendiary material) are hybrid offences, allowing the Crown to proceed by summary conviction or by indictment. For arson committed for fraudulent purposes, the maximum punishment is a fine of $5,000 or imprisonment for up to 2 years less a day if summarily convicted, and up to 10 years imprisonment if indicted.