Robbery, as defined in Section 343 of the Criminal Code of Canada, is a serious criminal offence involving theft combined with violence or the threat (either implicit or explicit) of violence. It is a strong legal defence.
The critical factor distinguishing robbery from other theft-related offences is the involvement of violence or the threat of violence. Understanding this distinction is crucial, as it empowers you to recognize the gravity of robbery charges and the importance of a strong legal defence.
Armed robbery, as specified under Section 343(d) of the Criminal Code of Canada, involves committing robbery while armed with an offensive weapon or an imitation thereof. According to Section 343(d), "Everyone commits robbery who steals from any person while armed with an offensive weapon or imitation weapon."
An offensive weapon, as defined by the Criminal Code, includes any item used to cause death or injury or to threaten or intimidate. Common examples of offensive weapons are firearms and knives. However, an object is considered an offensive weapon only if there's intent to cause harm or intimidate.
Armed robbery is distinct from simple theft due to the presence of a weapon and the implicit or explicit threat of violence. This combination of elements makes armed robbery a more serious offence in the eyes of the law, reflected in the potential for life sentences and mandatory minimum sentences in certain cases
Aggravated robbery is a more severe form of robbery, involving additional factors that increase the seriousness of the offence. Aggravated robbery involves inflicting non-transitory bodily harm on the victim during the robbery.
Several aggravating factors can result in more severe charges or increased penalties, including:
Understanding these aggravating factors is crucial for anyone facing robbery charges, as they significantly impact the legal strategy and potential penalties. An experienced criminal defence lawyer is essential in addressing these complexities and aiming for the best possible outcome.
Robbery charges can be complex, but a variety of legal defences may be available. The specific circumstances of your case will determine which defences are most applicable. Still, seeking legal counsel is essential to explore all possible options.
Below are some of the primary defences that can be used in court to protect the rights of the accused and aim for the best possible outcome.
An alibi defence asserts that the accused was somewhere else when the crime occurred, making it impossible for them to have committed the robbery. To support an alibi, credible evidence such as witness testimony, and physical evidence like video footage, or other documentation is essential. A strong alibi can significantly weaken the prosecution's case, potentially leading to an acquittal.
One of the most common defences is demonstrating that the accused lacked the criminal intent required for a robbery conviction. In a robbery case, the prosecution must prove intent beyond a reasonable doubt. The defence can introduce evidence or circumstances that show a lack of intent, such as demonstrating that the accused's actions were misunderstood or that they did not plan to commit a robbery.
Given that robbery often involves disguises or quick interactions, there's a possibility of mistaken identity. The defence of mistaken identity argues that the accused was incorrectly identified as the perpetrator. This defence can involve presenting an alibi, introducing DNA evidence, or highlighting inconsistencies in eyewitness testimony. Eyewitness misidentification is a common issue in criminal cases, and proving that the wrong person was identified can result in the accused's acquittal.
Duress is a defence claiming that the accused committed the robbery under the threat of immediate harm to themselves or others. To succeed with this defence, it must be shown that the threat was immediate and serious and left the accused with no reasonable alternative but to comply. A successful duress defence can lead to a stay of proceedings, as the accused's actions were not voluntary.
Challenging the prosecution's ability to prove guilt beyond a reasonable doubt is crucial in a robbery case. This defence involves scrutinising the prosecution's evidence, finding inconsistencies, and highlighting gaps in their case. If the defence is successful in raising enough doubt about the prosecution's case, the jury may not be able to find the defendant guilty beyond a reasonable doubt, which would result in an acquittal.
If the police violated the accused's Charter rights during the investigation or arrest, such as conducting an illegal search or failing to inform the accused of their right to counsel, the evidence obtained may be excluded, weakening the prosecution's case. This could potentially lead to a stay of proceedings especially if the prosecution’s case relies heavily on such evidence.
This defence strategy is complex and requires a thorough understanding of Charter rights and the legal procedures involved.. With the help of experienced legal representation, individuals facing robbery charges can navigate the complexities of the legal system and build a robust defence.
The role of a criminal defence lawyer in a robbery case is crucial to ensuring the accused receives a fair trial and the best possible outcome. Experienced legal representation is essential for navigating the complexities of the legal system and for building a strong defence.
Legal Representation and Consultation: A criminal defence lawyer provides legal advice and representation throughout the legal process, starting with an initial consultation to understand the case details and offer advice. Ongoing representation ensures the client's rights are protected at every stage.
Case Analysis and Investigation: Thorough case analysis and investigation are key to a robust defence. The lawyer collects evidence, interviews witnesses, and reviews police reports to uncover details supporting the defence and challenging the prosecution's case.
Legal Strategy Development: Developing a tailored defence strategy involves considering options like alibi, lack of intent, challenging identification, duress, lack of evidence, and Charter rights violations. The lawyer assesses the case to determine the most effective strategies.
Court Representation: Court representation includes presenting the defence case, cross-examining witnesses, presenting evidence, challenging the admissibility of evidence, and making legal arguments. Effective representation requires a deep understanding of legal procedures and persuasive communication to challenge the prosecution and advocate for the client.
Negotiation and Plea Bargaining: Negotiation and plea bargaining are crucial for achieving favourable outcomes. If a conviction is unavoidable, the lawyer can advocate for alternative sentencing options like probation, community service, or rehabilitation programs.
The penalties for a robbery conviction in Canada are severe and can vary significantly based on the specific circumstances of the offence. Factors such as the use of firearms, involvement with criminal organisations, and the presence of aggravating factors can influence the severity of the sentence.
Since robbery is considered very serious, it is a straight indictable offence with a maximum penalty of life imprisonment. If a restricted or prohibited firearm is used during a robbery, or if any firearm is used and the robbery is tied to a criminal organisation, the maximum punishment is life imprisonment. The minimum penalties are stringent:
Additionally, those designated as dangerous offenders, particularly in cases involving serious injury during the robbery, can face longer or indefinite terms of imprisonment to protect the public.
Individuals with prior convictions may face harsher sentences if convicted of robbery again. Specific prior offences that can lead to longer sentences upon a subsequent robbery conviction include:
Other serious offences involving firearms, such as causing death by criminal negligence, manslaughter, attempted murder, sexual assault with a weapon, etc, can also lead to increased penalties for subsequent robbery convictions.
When determining sentences for robbery, judges consider both aggravating and mitigating factors. Aggravating factors that can increase the severity of the sentence include:
The specific weight given to each factor can vary depending on the jurisdiction and the judge's discretion. However, understanding these factors is crucial for both the accused and their legal counsel to prepare a defence strategy and potentially mitigate the impact of these elements during sentencing.
If you or someone you know is facing robbery charges, it is imperative to seek the advice of an experienced criminal defence lawyer as soon as possible. Pyzer Criminal Lawyers are dedicated to providing the highest quality legal representation, ensuring that clients have the best chance of being acquitted.
With extensive experience in handling robbery cases, the legal team at Pyzer Criminal Lawyers is committed to thoroughly investigating each case, developing robust defence strategies, and advocating vigorously for their clients' rights. Contact Pyzer Criminal Lawyers today to secure experienced and dedicated legal support.
Theft is taking property with the intent to steal, generally without involving violence. Robbery includes theft combined with violence or the threat of violence. Burglary involves breaking and entering into a place with the intent to commit theft or another offence. While theft does not typically involve violence or unlawful entry, robbery and burglary do.
Yes, a robbery charge can be reduced or dismissed under certain circumstances. These circumstances include weak or insufficient evidence, lack of intent or mistaken identity. Moreover, successful plea bargaining can also lead to reduced charges or dismissal.
Having prior convictions, especially for similar offences, can result in harsher penalties and longer sentences for a new robbery charge. This is because the Criminal Code imposes mandatory minimum sentences for repeat offenders.
