Comprehensive Guide to Robbery Offences in Canada

Introduction

Robbery is one of the most serious criminal offences under Canadian law, involving theft combined with violence, threats, or intimidation. A conviction for robbery can lead to severe penalties, including significant prison time. Given the gravity of the offence, it is critical to have a skilled legal team to defend against robbery charges.

At Guruveer Sangha Law, we understand the complexities of robbery cases and work diligently to protect our clients’ rights. Whether you are facing allegations of armed robbery, robbery with violence, or threats, our legal team provides strategic and effective representation to achieve the best possible outcome.

This guide will provide an in-depth look at robbery charges, penalties, and defences under Canadian law.

Legal Definition of Robbery Under the Criminal Code

Robbery is defined under Section 343 of the Criminal Code of Canada as:

*”Every one commits robbery who

(a) steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person;

(b) steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;

(c) assaults any person with intent to steal from him; or

(d) steals from any person while armed with an offensive weapon or imitation thereof.”*

The essential components of robbery include:

1. Theft or intent to steal.
2. Use of violence, threats, or intimidation.
3. Presence of a weapon or imitation weapon (in certain cases).

Robbery is treated as a hybrid offence, meaning it can be prosecuted by indictment, and sentences are often severe.

Elements of a Robbery Offence

To convict someone of robbery, the Crown must prove the following elements beyond a reasonable doubt:

1. Theft or intent to commit theft: There must be evidence that the accused took or intended to take property belonging to another person without permission.
2. Violence or threats: The use of actual physical violence or the threat of violence to intimidate or overcome resistance.
3. The connection between violence and theft: The violence or threats must occur during, before, or immediately after the theft.
4. Presence of a weapon or imitation weapon (if applicable): In cases of armed robbery, the Crown must prove the accused was armed with an offensive weapon or an imitation weapon.

Types of Robbery Offences

Robbery can take several forms depending on the circumstances of the offence. These include:

1. Armed Robbery

Armed robbery occurs when the accused uses or threatens to use a weapon during the commission of the theft. The weapon can be a firearm, knife, or any object capable of causing harm.

• Penalty: A conviction for armed robbery involving a firearm carries a mandatory minimum sentence of 4 years imprisonment under Section 344(1)(a.1).

2. Robbery with Violence

Robbery with violence involves the use of physical force, such as striking, beating, or wounding the victim, during or immediately after the theft.

• This is treated as an aggravated form of robbery and typically results in harsher penalties.

3. Robbery Involving Threats

In cases where no physical violence occurs, but the accused uses threats, intimidation, or coercion to facilitate the theft, the offence still qualifies as robbery under Section 343.

• Examples: Threatening physical harm, using intimidation tactics, or verbally demanding property while implying harm.

Penalties for Robbery Offences

Robbery is an indictable offence in Canada and carries severe penalties. Sentencing depends on the circumstances of the offence and any aggravating factors.

Courts consider several factors when determining the appropriate sentence, including the presence of weapons, injury to the victim, the use of threats, and whether the offence was planned.

What the Crown Must Prove in Robbery Cases

In robbery cases, the Crown must prove the following elements beyond a reasonable doubt:

1. Theft or attempted theft: The accused took or intended to take property.
2. Violence or threats: The accused used violence or made threats to facilitate the theft or prevent resistance.
3. Intent: The accused had the intent to steal and use violence or intimidation.
4. Weapon involvement (if applicable): In armed robbery cases, the Crown must prove that the accused was armed with a weapon or imitation weapon.

If the Crown cannot establish all of these elements, the accused may be acquitted or face lesser charges.

Aggravating Factors in Robbery Sentencing

Under Canadian sentencing principles, certain aggravating factors can increase the severity of a sentence for robbery. These include:

1. Use of a weapon or firearm.
2. Significant physical harm to the victim.
3. Targeting vulnerable individuals (e.g., elderly persons, disabled individuals).
4. Offences involving multiple offenders (e.g., organized or gang-related robberies).
5. Planning and premeditation.
6. Robbery in the course of a home invasion.
7. Previous criminal record of similar offences.

Defences to Robbery Charges

Common defences to robbery charges include:

1. Lack of Intent: The accused did not intend to commit theft or use violence.
2. Identity: The accused was mistakenly identified as the perpetrator.
3. No Violence or Threats: The Crown cannot prove that violence or intimidation occurred.
4. Charter Violations: Evidence obtained in violation of the accused’s Charter rights (e.g., unlawful search or seizure) may be excluded.
5. Duress: The accused was forced to commit the offence under threat of harm.

At Guruveer Sangha Law, we carefully examine the facts of each case to build the strongest possible defence for our clients.

Frequently Asked Questions (FAQs)

1. What is the difference between robbery and theft?
   Robbery involves theft combined with violence, threats, or intimidation. Theft, on its own, does not include these elements.
2. What are the penalties for armed robbery in Canada?
   Armed robbery involving a firearm carries a mandatory minimum sentence of 4 years imprisonment under Section 344 of the Criminal Code.
3. Can I be charged with robbery if no physical violence occurred?
   Yes. Threatening or intimidating someone to steal property still qualifies as robbery under Section 343.
4. What should I do if I am charged with robbery?
   You should immediately contact an experienced criminal defence lawyer. At Guruveer Sangha Law, we can guide you through the legal process and build a strong defence.
5. Can robbery charges be reduced to lesser charges?
   In some cases, robbery charges may be reduced to theft or assault depending on the circumstances and evidence.
6. What is considered a weapon in robbery cases?
   A weapon can include firearms, knives, or any object used to intimidate or harm a victim, including imitation weapons.
7. How does the court determine sentencing for robbery?
   The court considers factors such as weapon involvement, physical harm, premeditation, and the offender’s criminal record.
8. Is robbery a violent offence?
   Yes. Robbery is classified as a violent offence because it involves the use or threat of violence.
9. Can I be charged with robbery if I was not successful in stealing anything?
   Yes. Attempted robbery is still a criminal offence under the Criminal Code.

Conclusion

Robbery is a serious offence in Canada that carries severe penalties, including lengthy prison sentences. Whether the charges involve violence, weapons, or threats, a strong legal defence is essential to protecting your rights and securing the best possible outcome.

At Guruveer Sangha Law, we have the experience and skill to defend against robbery charges. Our team works tirelessly to challenge the Crown’s case, reduce penalties, and advocate for your future.

If you are facing robbery charges, contact Guruveer Sangha Law today for a consultation.

Related Pages

• Penalties and Sentencing in Canada
• Assault and Violent Offences
• Theft Offences in Canada
• Breach of Conditions
• Ontario Criminal Court Process

Additional Resources and Links

• Criminal Code of Canada – Section 343 (Robbery)
• Criminal Code of Canada – Sentencing for Robbery
• Government of Canada – Understanding Violent Crime