“New Punishment For Shoplifters,” Toronto Star. December 24, 1909. Page 01. --- Judge Winchester Wants Some Way to Get at the First Offenders. --- WITHOUT A PRISON TERM --- Or Letting Them Off on Suspended Sentence - Heavy Fine Suggested. --- Judge Winchester is considering what means can be best adopted whereby a change may be made in the criminal code so that he and other county judges will be empowered to impose a fine on persons convicted of shoplifing for the first time.
According to the law as it stands at present, when a person appears before a county judge and either pleads guilty or is convicted of shoplifing the Judge has either to let the person off on suspended sentence - or else send him or her to jail for a term which may be as long as seven years.
Deterrent to Others. This, his Honor holds, is not as it should be. Recently a number of women have pleaded guilty to shoplifing and his Honor does not care to send them to jail. On the other hand, he does not want to let them off on suspended sentence, as such a procedure does not act as a deterrent to others. What he wasnts to do is to be able to impose a fine strong enough to act as a punishment, and as a deterrent at the same time.
The section of the code under which shoplifers are punished is as follows: ‘Every one is guilty of an indictable offence and liable to seven years’ imprisonment who steals anything for the stealing of which no special punishment is provided.’ This is for first offenders, as after that the punishment is 10 years. Another section states that where the penalty is under 5 years a fine may be imposed in lieu of a term in jail. Over five years, for offences such as shoplifing, a fine may be imposed, but if so it is not to act in lieu of a term in jail.
What Magistrates May Do. Another section allows magistrates to impose fines where the theft does not exceed $10 in value, but this power is not conferred on judges.
His Honor is considering whether it would be better to write to the Department at Ottawa to have the desired change made, or to await and have one of the grand juries enbody the desire in its presentment.
