Criminal Law
Robbery
Criminal Law
Robbery
Robbery is considered a severe crime in Canada, attracting severe penalties, including life imprisonment. The main difference between robbery and the less severe offences like theft or break and enter is the use or threat of violence against the victims. This is why you need to engage the services of an experienced criminal defence lawyer as soon as possible to clear your name and to get the charges dropped or reduced.
What constitutes a robbery offence in Canada?
As mentioned above, the main element in the offence of robbery is the use of violence. This offence falls under Section 343 of the Criminal Code of Canada. The act of robbery is defined as follows.
- When someone steals from another person using violence or the threat of violence to overcome the victim’s resistance to the stealing.
- When someone steals from another person and commits an act of violence immediately before, during, or immediately after the event involving acts, such as wounding or beating up the victim.
- An act of assault with the intent to steal.
- When someone steals from another person, intimidating them with an offensive weapon or even an imitation of such a weapon.
What are the key legal elements of the offence of robbery?
In bringing up the charges of robbery against the accused, the Crown must prove the following:
- There is conclusive proof that the accused stole the item in question from the victim.
- There is evidence to show that the accused perpetrated an act of violence or issued a threat of violence against the victim.
- The Crown must prove that this act or threat of violence was committed in order to steal from the victim.
Also, the Crown must establish the above facts in court beyond a reasonable doubt in order to secure a conviction against the accused in a criminal trial.
What are the legal penalties for robbery?
Robbery is an indictable offence, and based on the nature and severity of the offence, the accused will face legal penalties as prescribed under the Criminal Code.
Armed robbery with a restricted or prohibited firearm or a robbery with any firearm on behalf of a criminal organization (Section 344(1)):
First offence: Minimum mandatory sentence of five years.
Subsequent offence: Minimum mandatory sentence of seven years.
Maximum sentence: Life imprisonment.
Any other type of robbery offence:
No mandatory minimum sentence.
Maximum possible sentence: Imprisonment for life.
It is worth noting here that since robbery is an indictable offence, the statute of limitations does not apply in such cases. So the Crown may bring these charges against the accused as and when they uncover any new evidence without worrying about the time limit.
How can our criminal defence lawyer help you in the case?
As mentioned above, there are various aggravating factors that will determine the legal penalties in the case. This is why it is crucial to have an experienced criminal defence lawyer defending your case the moment these charges are levelled against you. A criminal defence lawyer can help you with the following.
- Giving you legal advice, including helping you understand the gravity of the charges laid against you, the rights available to you during the process, and how much you should cooperate with the police investigation while exercising your right not to incriminate yourself.
- Properly investigating the case on your behalf, looking for any evidence that might prove your innocence.
- Legal representation at bail hearings, in seeking pre-trial motions, in defending you in the trial, and in any subsequent legal action during the appeals process.
We can Help
If you are facing such a serious criminal charge of robbery, do not face it alone. Get in touch with our criminal defence team immediately for legal guidance and support. At Nanda and Associate Lawyers, our criminal defence lawyers have more than 20 years of experience in successfully helping numerous clients fight all kinds of criminal charges. Connect with our criminal defence lawyers today!
Frequently Asked Questions
What is the minimum sentence for robbery?
As such, there is no mandatory minimum sentence for the simple offence of robbery without any firearm. However, if the robbery was committed with a prohibited firearm or any firearm on behalf of a criminal organization, the minimum sentence for the first-time offence will be five years. The minimum sentence for the subsequent offence will be 7 years. In other words, the minimum sentence for a robbery will depend on the nature and severity of the crime, the prior criminal record of the accused, and their affiliation with any criminal organization in committing the offence. With the stakes so high, it is crucial that you reach out to our criminal defence lawyers immediately for legal support if such charges are levelled against you.
What is the difference between robbery and theft in Canada?
While both offences involve the act of stealing someone else’s property, these offences fall into two different categories under the Criminal Code of Canada.
- Element of violence: The main difference between the two is that while theft involves the simple act of stealing someone’s property, robbery involves the act of stealing accompanied by the use or threat of violence.
- Hybrid offence: Also, theft is treated as a hybrid offence under law, giving the Crown the discretion to pursue either the summary conviction route or the indictable offence route against the accused, depending on the aggravating factors of the offence. On the other hand, robbery is always an indictable offence under law because of the element of violence involved.
If you are charged with either of these criminal offences, do not hesitate to reach out to our criminal defence lawyers for support.
How does the Crown prove the offence of robbery in court?
- Actus Reus, or the guilty act: Obviously, the Crown must prove in court that the alleged act of robbery was indeed committed by the accused. In other words, the Crown must prove that the accused indeed committed the theft and the act of violence that accompanied it.
- Mens Rea, or the intent: The onus is on the Crown to prove the intention of the accused to steal and also their intention to use violence in order to overcome the resistance of the victim to the theft.
- Guilt beyond a reasonable doubt: Unlike in a civil case, the burden of proof is higher on the Crown in a criminal case. They must prove in court beyond a reasonable doubt the guilt of the accused in committing the alleged offence.
If you are accused of robbery, having an experienced criminal defence lawyer on your side is sure to make a difference. Connect with our criminal defence lawyers today!
Is there a statute of limitations on robbery in Canada?
No. Under Canadian law, the statute of limitations does not apply to indictable offences. Robbery, even a simple robbery without a firearm, is an indictable offence under the Criminal Code of Canada. This means that there is no time limit restricting the Crown when it comes to bringing charges against the accused.
What is the difference between robbery and burglary?
- Violence: Robbery is a criminal offence of stealing from another person accompanied by violence or threat of violence. Burglary, on the other hand, involves breaking into a building with the intention of stealing something.
- Location-specific: Trespassing into a property is an essential part of the burglary offence, while the act of robbery may be committed anywhere, regardless of the location.
- Hybrid offence: Except in the case of breaking into a dwelling place, burglary is considered a hybrid offence under the Criminal Code of Canada. Robbery, on the other hand, is always treated as an indictable offence.
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