City: Whitby, Ontario
Our Client: Mr. S.
Complainant: Loblaw’s & Durham Regional Police Service
Charge(s): Theft Under $5000 (shoplifting) and Possession of Stolen Property Under $5000
Lawyer: Richard Aitken
Background: Mr. S., a successful executive, had a lot on his mind. His adult autistic son was going through some difficult changes, his wife was coping the recent suicide of someone close to her. While Mr. S. was picking up a few groceries and other small items, he forgot to pay for a couple of packs of batteries and a small movie figurine (costing $12.99) that got covered by items at the bottom of his shopping cart. Mr. S. could have easily paid for the batteries and doll and had no reason to steal them. However, he was arrested by store security for shoplifting and police were called. He was charged with theft and with possession of stolen property. Mr. S. had no criminal record and had never been in trouble with the law before.
Goal: Mr. S. held a management position with a large company. He would most certainly lose his job if he were convicted of these offences. The goal was to prevent a conviction.
Strategy: Mr. S. needed a quick and discreet way to put this unpleasant incident behind him while avoiding a criminal conviction. Pleading guilty was out of the question and fighting these charges by way of a trial would have been time consuming and public. Instead we arranged for a short diversion program for Mr. S.
Result: Mr. S. quickly completed the diversion, and accordingly the theft and possession of stolen property charges against him were withdrawn.