334

Punishment for theft

334 Except where otherwise provided by law, every one who commits theft

(a) if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of

(i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or

(ii) an offence punishable on summary conviction; or

(b) if the value of what is stolen is not more than $5,000, is guilty

(i) of an indictable offence and is liable to imprisonment for a term 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.

Annotations | French

• Section 334
• An accused can be convicted for both fraud and theft in relation to the same event especially when the fraud was completed prior to the theft. For example, if the accused obtained a contract through fraudulent means and then stole property as a result of this contract, the accused can be found guilty for both fraud and theft (R v Rosen, [1985] 1 SCR 83 at para 6).