Possession of Property Obtained by Crime
It is a criminal offence to possess property that you know has been obtained through the
commission of another offence. The severity of the offence is typically contingent on the
value of the property, with a maximum sentence of 14 years in prison if the property's
value exceeds $5,000. Charges for possession of property obtained by crime are often
coupled with other offences such as theft, break and enter, or drug trafficking.
As outlined in the Criminal Code, a person can have something in their possession in
three distinct ways:
- 1. Personal possession: The object is physically in their custody, and they are aware of what the item is (e.g., in a pocket or backpack).
- 2. Constructive possession: The object is not physically in the person's custody but is in a location under their control, kept for their benefit (e.g., in their closet at home or in a safety deposit box).
- 3. Joint possession: The object is in the physical custody of another person, with each person having control over it (e.g., held by a friend or family member).
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