theft from mail criminal code 356What is Theft from Mail?

Theft from Mail is a serious offence that is found in section 356 of the Criminal Code of CanadaTheft from Mail is categorized as an “Offence Against Rights of Property”.  The section states:

356. (1) Everyone commits an offence who
(a) steals
(i) anything sent by post, after it is deposited at a post office and before it is delivered, or after it is delivered but before it is in the possession of the addressee or of a person who may reasonably be considered to be authorized by the addressee to receive mail,
(ii) a bag, sack or other container or covering in which mail is conveyed, whether or not it contains mail, or
(iii) a key suited to a lock adopted for use by the Canada Post Corporation;
(a.1) with intent to commit an offence under paragraph (a), makes, possesses or uses a copy of a key suited to a lock adopted for use by the Canada Post Corporation, or a key suited to obtaining access to a receptacle or device provided for the receipt of mail;
(b) has in their possession anything that they know has been used to commit an offence under paragraph (a) or (a.1) or anything in respect of which they know that such an offence has been committed; or
(c) fraudulently redirects, or causes to be redirected, anything sent by post.

What is the Punishment for Theft from Mail?

Theft from Mail is a hybrid offence which gives the prosecution the option of proceeding summarily or by indictment.  Factors which influence this decision include:  the quantum of the theft, criminal record of the accused and number of victims.  If the crown proceeds by indictment the maximum sentence for this offence is ten years in a penitentiary.  If the crown elects to proceed by summary conviction, the maximum punishment is a $5,000 fine and/or six months in a provincial jail.

Michael P. Juskey is a Toronto criminal lawyer who has successfully defended hundreds of criminal charges.  Our office provides exceptional service, professionalism and results.  Some other charges we defend include:

Theft Under/Over $5000
Possession of Property Obtained by Crime
Fraud Under/Over $5000
Assaulting a Peace Officer
Domestic Assault
Forcible Confinement
Uttering Threats

Frequently Asked Questions:
What is a Peace Bond?
What Are Defences to an Assault Charge?
How Will a Criminal Record Affect Me?
What Are the Stages of  a Criminal Case?

Don’t take a chance with your future.  If you or someone you love have been charged with stealing contact our office immediately for a free consultation.

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