Criminal Law: Possession of Stolen Property Defence - Value Exceeding $5,000 (Indictable Exposure)

Can this charge be reduced?: Yes. A critical defence strategy is obtaining an independent valuation appraisal. If the true market value of the property is proven to be $5,000 or less, the charge must be reduced to section 355(b), which drastically lowers the maximum penalty to 2 years and preserves immigration status for permanent residents.

Jurisdiction: Ontario Court of Justice (OCJ) and Superior Court of Justice (SCJ).

The Process at a Glance: The matter involves an early election of the mode of trial (OCJ vs SCJ). The defence will scrutinize the Crown's valuation evidence. A preliminary inquiry may be requested if proceeding to the SCJ. Resolution negotiations will focus on reducing the charge to under $5,000 or securing a discharge to avoid immigration consequences.

Key Legislation and Case Law: Section 355(a) of the Criminal Code governs the penalty. Serious criminality is defined under section 36(1)(a) of the Immigration and Refugee Protection Act (IRPA).

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