Canadian Criminal Law/Offences/Possession of Stolen Property

Proof of Offence

 * 1) identity of accused
 * 2) date and time of incident
 * 3) jurisdiction (incl. region and province)
 * 4) the accused was in possession of the items
 * 5) the accused knew or should have known that the items were obtained by theft
 * 6) date of actual theft of the items
 * 7) property was owned by someone (use witness or documents under ss. 491.2 and 657.1)
 * 8) that the lawful owner did not give or lend the goods to anyone
 * 9) the owner did not give permission for the accused to take or convert it
 * 10) the items were not given to the accused in good faith (no colour of right)
 * 11) value of the  property
 * 12) continuity of the property
 * 13) file photo of property or actual property as exhibits (s. 491.2)
 * 14) if shoplifting,
 * 15) that the accused did not pay for items or make attempt to pay
 * 16) that the accused did not have money to pay for the items
 * 17) whether the accused had property in possession at time of arrest

Misc Issues

 * s. 491.2(1) -- photographic evidence
 * s. 657.1(1) -- Proof of ownership and value of property