Theft of Motor Vehicle

What is Theft of Motor Vehicle

Definition: Section 333.1 of the Criminal Code of Canada defines theft of a motor vehicle as taking it, or driving it, without the owner’s consent, and with the intent to temporarily or permanently deprive them of it.

Important Points

  • Includes cars, trucks, motorcycles, ATVs, boats, etc.
  • “Joyriding” still counts. Even if you intended to return the vehicle later, it meets the definition.
  • Whether parts from the vehicle were stolen, or just the whole vehicle itself, impacts how the Crown proceeds.

Common Evidence

  • Witness statements about seeing you driving or tampering with the vehicle.
  • Security or surveillance footage showing any part of the alleged theft.
  • Recovery of the stolen vehicle.
  • DNA or fingerprints recovered from the vehicle.
  • Statements given by the owner of the vehicle.

Penalties for Theft of Motor Vehicle

Theft of a Motor Vehicle is a hybrid offence, giving the Crown the discretion to proceed summarily or by indictment:

Summary Conviction: Less serious cases.

  • Maximum Penalty: Up to 24 months in prison and/or a $5,000 fine.

Indictment: More serious cases, often due to previous convictions or a more calculated nature to the theft.

  • Maximum Penalty: Up to 10 years in prison.

How We Can Help

Securing Your Release: An arrest for motor vehicle theft means you’ll almost certainly face a bail hearing. We’ll work hard to advocate for your release with reasonable conditions to minimize disruption to your life while the case proceeds.

Fighting the Charges: Every case is unique, and we’ll analyze the evidence to build the best possible defence:

  • You didn’t take or drive the vehicle, or there’s mistaken identity.
  • You had the owner’s consent or believed you did.
  • Lack of the intent required to prove a theft charge.
  • Questions around the reliability of witness or other evidence against you.

Frequently Asked Questions

While often used informally, “joyriding” still involves the intent to deprive the owner temporarily, and thus, can lead to theft of a motor vehicle charges.

Yes and no. While potentially impactful on sentencing, even briefly taking it without consent is still a crime.

Theft involves the actual taking, while possession focuses on knowingly having the stolen item after the fact.

Let's Talk About Your Case

Theft of a motor vehicle is a very serious charge that can have far-reaching consequences. Don’t underestimate the potential impact on your future. Contact us right away for a free case review to discuss possible defences and plan your next steps.

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