Fraud over 5000
 

Hey, I have a quick query.

Say you were charged by ICBC for theft over 5G. What is the possible consequences if convicted? Let's assume that it is your first time offense.

Not me-just a question....

consequences? your parents beating the shit outta you if you really did it and still live at home would be the first thing coming to mind hahaha.

Second would be nelson screaming "HAW HAW"

Depends on circumstances, what was stolen, reason behind it, etc. Then it is up to the judge to decide. Could range from probation to jail time.

probably get fined $100 and get to keep the $5000. Canada's legal system at work.

You can apply for a diversion and you will have no criminal record or anything. It's like it never happened but it stays in the system. Its a get out of jail free card.

Berz out.

keep the 5000 temporarily maybe, lose it to hire a lawyer... then you'll likely lose another $5000 in a civil case to icbc

Diversion program is only available for a first offence. However, it is not available in every first offence, and is given at the discretion of the Crown. They often look at the personl circumstances of the accused, and the possibility of a repeat offence happening. The main requirement for the Diversion program is that the accused must admit guilt. If they are not willing to admit guilt in the program they risk being kicked up and tried in the court system. Often it is a better alternative then having a record.

If the accused it charged with another offence down the road the Crown Summery/Report will show the accused was given a Diversion Program previously and managed to get themselves in trouble one again. The second time around Courts are not as lenient.

That all being said, I don't think it will be offered in a Fraud over $5000.00 One of my clients was charged with Fraud under $5000 and the Crown would not offer a Diversion program even though it was a first offence. Then again I don't know the exact evidence at the other end.

Edit:- Is the offence theft over $5000 or fraud over $5000? There is a difference.