Section 334(a) of the Criminal Code of Canada – Theft over $5000

T.J.C. was charged with theft over $5,000 as a consequence of multiple fictitious debit transactions at his retail job. This was a traditional “theft from employer” case, where jail is almost always the inevitable result of a finding of guilt. This case was particularly challenging as the accused, having chosen not to exercise his right to counsel, provided a full statement to the police. Fortunately for T.J.C., the police were guilty of laches (a lack of diligence in moving a legal matter forward) in their conduct of the investigation. The police improperly filed the requisite documents for the commencement of criminal proceedings. Sean Fagan notified the Crown of his intention to bring an application for a stay of proceedings as a result of the violation of T.J.C.’s section 11(b) right to be tried within a reasonable time. The Crown conceded the strength of Sean Fagan’s argument and agreed to resolve the matter by way of a conditional discharge, which spared T.J.C. the entry of a criminal conviction.