WHAT IS SHOPLIFTING?
Shoplifting is the common term used when stealing something from a store and is an offence found under section 322 of the Criminal Code. Shoplifting can be categorized in two ways depending upon the value of the items stolen: theft over $5,000 or theft under $5,000.
Section 322 of the Criminal Code reads as follows:
Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent.
The term “colour of right” refers to the person having the authority to take it. The term “converts” means to deprive someone else of their property to use for your own enjoyment.
The term “intent” in reference to shoplifting refers to the intent to take someone else’s property. The intent needs to be proven in Court beyond a reasonable doubt by the Crown prosecutor.
Shoplifting occurs when an item has been taken from a store without paying and does not occur while you are still in the store, even if the item is in your pocket.