Possession of Stolen Property

If you’re being charged with possession of stolen property, don’t make the mistake of navigating the criminal justice system alone.

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Possession of stolen property accusations can lead to jail time, fines, restitution, probation, reputational damage and a criminal record, impeding your ability to travel and secure gainful employment. But possession of stolen property cases can be won. Pender Litigation is specially equipped to examine the circumstances of your case and launch a tactical defence.

Our first consultation is privileged and confidential, with no obligation on you.

When we meet, we’ll discuss your case and any related documents you can provide; answer your questions; and provide you with the estimated cost of retaining our services.

Possession of stolen property cases can be won.

When you retain Pender Litigation, you’ll advance with an experienced property crime lawyer by your side and our entire team of criminal defence lawyers ready to assist the lawyer handling your case. Our team-based approach means your defence is strengthened by the skill and insight of multiple lawyers whose backgrounds include both defending and prosecuting criminal cases.

 

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What is Possession of Stolen Property?

Possession of property obtained by crime, including the possession of stolen property, occurs when you possess property or proceeds of property that you know was acquired directly or indirectly from the commission of a criminal offence. 

Often accompanying charges of theft, fraud or robbery, charges of possession of property obtained by crime are not limited to the possession of stolen property alone. Knowingly being in possession of property gained through the commission of any criminal offence is sufficient to justify a charge of possession of property obtained by crime.

Classified according to the value of the subject of the offence, possession of stolen property under $5,000 is distinguished from that over $5,000. The maximum penalties for possessing stolen property under and over $5,000 are two years’ and ten years’ imprisonment, respectively.

Possession of Stolen Property in the Criminal Code of Canada

Possession of stolen property is a form of possession of property obtained by crime. Regarding possession of property obtained by crime, section 354 of the Criminal Code states

354 (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from

  1. the commission in Canada of an offence punishable by indictment; or
  2. an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

Obliterated vehicle identification number

(2) In proceedings in respect of an offence under subsection (1), evidence that a person has in their possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained,

  1. by the commission in Canada of an offence punishable by indictment; or
  2. by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

Definition of vehicle identification number

(3) For the purposes of subsection (2), vehicle identification number means any number or other mark placed on a motor vehicle for the purpose of distinguishing the motor vehicle from other similar motor vehicles.

Exception

(4) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or a thing or the proceeds of property or a thing mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.