It is never a small issue to face theft charges in Canada. The Canadian Criminal Code, section 322, deals with theft and its consequences. Fines and imprisonment are some of the penalties given depending on the value of the stolen property or the type of property that has been stolen. It is important that the accused has powerful legal representation to reduce or eradicate these consequences.
You Owned the Property
One of the possible defence mechanisms is using the fact that you owned the property in question. According to Canadian criminal law, the prosecution has to prove that the accused person dishonestly took another person’s property.
It can weaken this aspect of the prosecution’s case by presenting receipts, contracts, witness statements, etc., which prove the ownership. Plea bargaining is effectively raised and prosecuted with proof when one hires a Toronto criminal lawyer to defend them
Mistaken Identity
The second typical defence is misidentification. The prosecution might have primarily dependent on the eyewitness account or security cameras, but these are often tainted. Section 11(d) of the Charter of Rights and Freedom of Canada states that any accused person is presumed innocent until proven so by the court.
This means that beyond any reasonable doubt, the prosecution needs to show that you were the person responsible. The defense is an experienced lawyer who can easily question the reliability of a witness or highlight some weaknesses in the evidence that points towards your involvement.
Alibi
When you were not present at the scene of the particular crime, an alibi defence can go a long way in clearing you of the accusations made against you.
One can avail of timed receipts and video footage or come up with credible witnesses who can testify that you were not the one involved in the crime. This, under section 6 of the Canada Evidence Act, can rebut the Crown’s story and raise reasonable doubt about your participation.
No Mens Rea/ Actus Reus
In Canadian Criminal Law, for conviction under Section 322(1) of the Criminal Code, mens rea (intent to commit the crime) and actus reus (the act of committing the crime) are required.
If your conduct was accidental, for example, if you picked up someone’s items by mistake, your lawyer may say there was no mental component to theft. It’s quite possible that the charges may not stand if there is no evidence of both intent and action.
Violation of Constitutional Rights
Canadian law contains rights provisions that guard people against unlawful search or seizure. If your Charter of Rights and Freedoms, especially section 8, which deals with protection from unreasonable search, and section 9, which deals with protection from arbitrary arrest and detention, were violated, then the evidence that was collected was inadmissible. This can seriously damage the Crown’s chances of a conviction and might lead to a dismissal.
Color of Right
The colour of right defence affirms that at the time of the taking of the property, you honestly believed you had a right in it to take it even if that was wrong. The concept is included in section 322(1) of the Criminal Code. A Toronto theft lawyer can assist in proving that you acted on such belief and not with bad intentions.
When charged with theft in Canada, it is important to get an attorney to ensure that one’s rights are protected and a proper defense is made. Contact a professional lawyer today and find out your chances of success and how to optimise the result.
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