What is the offence of possession of property obtained by crime?
The offence of property obtained by crime is made up of two parts. First, a person charged with this offence must be in possession of property that was (or was partly) gained by theft, fraud, or any other crime. Second, the person must have known that the property was stolen or gained by fraud. Also, if the Crown can show that it was obvious that a reasonable person would have thought the property was stolen and the accused failed to investigate whether it was stolen or not, he can be found guilty of possession of stolen property.
If a person is found in possession of something that has recently been stolen, they may have to provide an explanation for why they had the object to avoid guilt.
The Criminal Code definition of Possession of Property obtained by Crime
Section 354 of the Criminal Code describes the offence of possession of property obtained by crime. It states that a person is in possession of property obtained by crime if that person has the property in their room, their home (if the person does not share their home), in their car, or on themselves. Even if the original owner cannot be found or no owner can be identified, a person can still be charged. Also, where the act of theft and the possession of stolen goods are done at the same time, the person cannot be convicted of illegal possession of the same things. The punishment for being found guilty of this offence is the same as for fraud.
The Criminal Code definition of Fraud
Section 380 of the Criminal Code defines fraud. This section creates two possible charges: Fraud over $5000 or involving a testamentary instrument and Fraud under $5000. A testamentary instrument is either a will or a legal trust which a person has set up so that his possessions will be given to family and friends once he or she has died.
If the value of the fraud was over $5000, or involved a testamentary instrument, it is an indictable offence. If a person is found guilty of this offence he could be sent to jail for up to fourteen years.
If the value of the fraud was under $5000, and did not involve a testamentary instrument, then the Crown prosecutor will look at the facts of the case and decide whether to charge the person with an indictable or summary offence. If the person is charged with an indictable offence then he could be sentenced to a jail term of two years or less. If the person is charged with the summary offence of fraud under $5000, he can be fined up to $2000 and sentenced to a jail term of six months or less.
