Thunder Bay police recover a stolen vehicle and charge a 32-year-old woman with three offences
THUNDER BAY — A Thunder Bay Police Service investigation into a stolen motor vehicle has resulted in the recovery of the vehicle and charges against a 32-year-old Thunder Bay woman.
Police say officers received a report on Aug. 8 concerning a vehicle that had allegedly been stolen from a business in the Central Avenue area two days earlier, on Aug. 6.
Investigators reviewed video footage connected to the incident and identified a suspect.
Suspect Arrested, Vehicle Located in Separate Area
Thunder Bay police say officers located and arrested the suspect in the Ogden Street area on Aug. 8.
A subsequent search of the Rowand Street area that same day resulted in officers locating the stolen vehicle.
As a result of the investigation, Selena Simmons, 32, of Thunder Bay, has been charged with:
- theft of a motor vehicle;
- dangerous operation; and
- failure to comply with a probation order.
Police say Simmons was remanded into custody following a first court appearance and is scheduled to return to court at a future date.
What the Criminal Code Charges Mean
Theft of a motor vehicle is specifically addressed under section 333.1 of the Criminal Code. The offence involves the theft of property that is a motor vehicle. If prosecuted by indictment, the offence carries a maximum sentence of 10 years in prison. If prosecuted summarily, the maximum is two years less a day. The Criminal Code also provides increased consequences in certain circumstances, including repeat convictions or cases involving violence.
The charge of dangerous operation falls under section 320.13(1). The Crown must prove that a person operated a vehicle or other conveyance in a manner that, considering all of the circumstances, was dangerous to the public.
Dangerous operation can be prosecuted as an indictable offence carrying a maximum sentence of 10 years imprisonment, or by summary conviction. Sentencing depends on factors including the level of danger created, driving behaviour, prior record and whether anyone was placed at particular risk. A conviction can also carry driving consequences in addition to any other sentence imposed.
Failure to comply with a probation order, under section 733.1 of the Criminal Code, applies when a person who is bound by a probation order fails or refuses, without reasonable excuse, to follow its conditions. If prosecuted by indictment, the maximum penalty is four years imprisonment. The offence may also proceed by summary conviction.
These are statutory maximum penalties and not predictions of the sentence in this case. Courts consider the circumstances of the offence, an offender’s criminal record, aggravating and mitigating factors, guilty pleas where applicable and the principles of proportionality and rehabilitation when imposing sentence.
Charges Have Not Been Proven in Court
The charges against Simmons are allegations that have not been tested in court.
The accused is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
