Possession of Property Obtained by Crime:

Possession of Property Obtained by Crime and Property Offence Charges

Possession of property obtained by crime is one of several offences that fall within the broader category of property and theft offences.  Depending on the allegations, related charges may include theft, shoplifting, break and enter, fraud, identity fraud, robbery, mischief, and other Criminal Code offences.

Each offence has its own legal definition, evidence requirements, possible penalties, and potential defences.  For a broader overview of related offences, visit the Property & Theft Offences page.

Important Things to Know About Possession of Property Obtained by Crime Charges

• The charge does not require proof that the accused person committed the original offence that obtained the property.
• The Crown must prove the property was obtained through criminal activity.
• The Crown must prove the accused person knew, believed, or was willfully blind to the fact that the property was obtained by crime.
• The value of the property may affect how the charge proceeds.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• A conviction may result in a criminal record, fines, probation, restitution, forfeiture of property, or imprisonment.
• Knowledge and intent are often key issues in these cases.

What Is Possession of Property Obtained by Crime?

Possession of property obtained by crime is a criminal offence under the Criminal Code of Canada.  The offence generally involves possessing, receiving, purchasing, controlling, concealing, or dealing with property that was obtained through criminal activity.

The allegation may involve cash, vehicles, electronics, tools, jewelry, identification documents, credit cards, construction materials, equipment, or other property.

A person may be charged even if they were not involved in the original theft, fraud, break and enter, robbery, or other offence that allegedly produced the property.

Criminal Code Section

Possession of property obtained by crime is addressed under section 354 of the Criminal Code of Canada.

• Section 354 – Possession of Property Obtained by Crime

The value of the property involved may affect the seriousness of the allegation and the potential penalties.

What Must the Crown Prove?

In every possession of property obtained by crime case, the Crown prosecutor must prove the charge beyond a reasonable doubt.

Depending on the allegations, the Crown may need to prove:

• The identity of the accused person
• That the property was obtained through criminal activity
• That the accused person possessed, controlled, received, purchased, concealed, or dealt with the property
• That the accused person knew, believed, or was willfully blind to the fact that the property was obtained through crime
• That the conduct meets the legal definition of the offence
• That no legal defence creates a reasonable doubt

If the Crown cannot prove every required element beyond a reasonable doubt, the accused person cannot be found guilty.

Common Possession of Property Obtained by Crime Allegations

These charges may arise from many different situations, including:

• Possession of allegedly stolen vehicles
• Possession of allegedly stolen electronics
• Receiving property from another person at an unusually low price
• Possession of property connected to theft investigations
• Property recovered during a police search
• Possession of property linked to fraud allegations
• Buying items through online marketplaces
• Possession of identification documents or financial information connected to other offences
• Possession of construction tools, equipment, or materials alleged to be stolen
• Joint possession allegations involving multiple people

The circumstances surrounding how the property was obtained, stored, transported, purchased, or possessed are often important issues in these cases.

Possible Penalties for Possession of Property Obtained by Crime

The possible penalties depend on the value of the property, the facts of the case, the accused person's history, the Crown's position, and the outcome reached in court.

• Criminal record
• Probation
• Restitution orders
• Fines
• Community service
• Forfeiture of property
• Travel restrictions
• Immigration consequences
• Employment and licensing consequences
• Imprisonment

The value of the property and the surrounding circumstances often affect the seriousness of the allegation.

Knowledge and Willful Blindness

One of the most important issues in possession of property obtained by crime cases is whether the accused person knew, believed, or was willfully blind to the fact that the property was obtained through criminal activity.

Willful blindness generally refers to situations where a person deliberately ignores obvious signs that property may have been obtained unlawfully.

Whether the Crown can prove knowledge or willful blindness often becomes a central issue at trial.

Possession and Control of Property

The Crown does not always need to prove that property was physically found in a person's hands or pockets.

Possession may involve actual possession, joint possession, or constructive possession depending on the circumstances.

Questions involving ownership, control, access, and knowledge may become important issues when determining whether possession existed.

Related Property & Theft Offence Charges

Possession of property obtained by crime allegations often arise alongside other property-related offences.

• Theft Under $5,000 – allegations involving property valued under $5,000
• Theft Over $5,000 – allegations involving property valued over $5,000
• Shoplifting – retail theft allegations involving merchandise from a store or business
• Break and Enter – allegations involving unlawful entry into a place with intent to commit an offence
• Mischief / Vandalism – allegations involving property damage or interference with property
• Fraud Under $5,000 – allegations involving fraudulent conduct under $5,000
• Fraud Over $5,000 – allegations involving fraudulent conduct over $5,000
• Robbery – allegations involving theft combined with violence, threats, force, or intimidation

Additional information about these offences can be found on the Property & Theft Offences page.

Possible Legal Defences to Possession of Property Obtained by Crime

A defence depends on the specific facts, evidence, disclosure, and legal issues involved.  Not every defence applies to every case.

Possible issues may include:

• The accused person did not know the property was obtained by crime
• The accused person was not in possession of the property
• The accused person was wrongly identified
• The Crown cannot prove the property was obtained through criminal activity
• The Crown cannot prove knowledge or willful blindness
• The evidence does not prove the charge beyond a reasonable doubt
• Witness evidence is unreliable or inconsistent
• The allegation is mistaken, incomplete, or exaggerated
• Police may have breached Charter rights
• There may have been an unlawful search, seizure, detention, arrest, or statement issue

The best defence strategy depends on the evidence, disclosure, circumstances, and the accused person's goals.

Court Process for Possession of Property Obtained by Crime Charges

The court process can vary depending on the circumstances.  Many cases involve:

1. Police investigation
2. Search, seizure, or recovery of property
3. Arrest or charge
4. Release from custody or bail hearing
5. First court appearance
6. Review of disclosure
7. Review of search warrants, police reports, witness statements, and property records
8. Resolution discussions
9. Judicial pre-trial or Crown pre-trial
10. Trial preparation
11. Trial or negotiated resolution
12. Sentencing, if applicable

Understanding each step can help you make informed decisions throughout the court process.

Possession of Property Obtained by Crime Charges Should Be Taken Seriously

A possession of property obtained by crime charge can affect more than the immediate court case.  It may affect a person's criminal record, employment, travel, immigration status, professional licensing, and future opportunities.

Reviewing disclosure, understanding the allegations, and obtaining legal advice early can help a person understand the options that may be available.

Every case depends on the facts, evidence, knowledge issues, possession issues, and surrounding circumstances involved.

Frequently Asked Questions About Possession of Property Obtained by Crime Charges

Can I be charged even if I did not steal the property?

Yes.  The charge focuses on possession of property allegedly obtained through criminal activity and does not require proof that the accused committed the original offence.

What if I bought the property?

The circumstances of the purchase may be important.  The Crown must prove knowledge, belief, or willful blindness regarding the property's origin.

What is willful blindness?

Willful blindness generally refers to deliberately ignoring obvious signs that property may have been obtained unlawfully.

Can I receive a criminal record?

A conviction may result in a criminal record and other long-term consequences.

Can police seize property?

In some situations, police may seize property during an investigation.  The legality of the seizure may become an issue in the case.

Can this affect immigration status?

For non-citizens, criminal charges and convictions may have immigration consequences and should be reviewed carefully.

Can the charge be withdrawn?

In some circumstances, charges may be withdrawn if the evidence does not support prosecution.  Every case is different.

What should I bring to a legal consultation?

Bring any police paperwork, court documents, release documents, disclosure, receipts, purchase records, messages, photographs, witness information, and records connected to the allegation.

Don't See Your Charge Listed?

The charges discussed on this website cover many common property and theft offence allegations, but they do not cover every possible charge under the Criminal Code of Canada.

If you have been charged with an offence that is not listed, are facing multiple charges, have received a summons, appearance notice, undertaking, release order, probation order, or court date, contact Marketing.Legal™ for information about your situation.

Understanding your legal rights and options early can help you make informed decisions and avoid unnecessary complications.

Key Takeaways

• Possession of property obtained by crime is a Criminal Code offence.
• The charge does not require proof that the accused committed the original offence.
• The Crown must prove the property was obtained through criminal activity.
• The Crown must prove knowledge, belief, or willful blindness.
• The value of the property may affect the seriousness of the allegation.
• A conviction may result in a criminal record, forfeiture of property, fines, probation, or imprisonment.
• Knowledge and possession are often the most important issues in these cases.

Conclusion

Possession of property obtained by crime charges involve allegations that a person possessed, controlled, received, purchased, concealed, or dealt with property obtained through criminal activity.

Because these cases often focus on knowledge, possession, ownership, control, and the circumstances surrounding the property, careful review of the evidence is important.

Understanding the allegations, reviewing disclosure, and considering available legal options can help a person make informed decisions throughout the criminal court process.