Bill C-343
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1st Session, 39th Parliament,
55 Elizabeth II, 2006
house of commons of canada
BILL C-343
An Act to amend the Criminal Code (motor vehicle theft)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Criminal Code is amended by adding the following after section 334:
Punishment for motor vehicle theft
334.1 (1) Every one who commits theft of a motor vehicle is guilty of an indictable offence or an offence punishable on summary conviction and is liable, in the case of a first or second offence,
(a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,
(i) for a first offence, to a fine of not less than one thousand dollars or to imprisonment for a term of not less than three months, or to both, and
(ii) for a second offence, to a fine of not less than five thousand dollars or to imprisonment for a term of not less than six months, or to both;
(b) if the offence is a first or second offence that is prosecuted by indictment, to imprisonment for a term of not more than five years; and
(c) if the offence is a first or second offence that is punishable on summary conviction, to imprisonment for a term of not more than two years.
Third or subsequent offence
(2) Every one who commits theft of a motor vehicle is guilty of an indictable offence and is liable, in the case of a third or subsequent offence, to a fine of not less than ten thousand dollars and to imprisonment for a term of not less than two years and not more than ten years.
Determining subsequent offences
(3) In determining whether a convicted person has committed a second, third or subsequent offence under this section, if the person was earlier convicted of an offence under this section, that offence is to be considered an earlier offence.
Sequence of convictions only
(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
For greater certainty
(5) For greater certainty, for the purposes of subsection (3), a conviction for another offence under this section includes a conviction for another offence under this section that arose out of the same event or series of events.
Published under authority of the Speaker of the House of Commons
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