Robbery

Robbery often involves the use or threat of force while stealing or attempting to steal property. For example, a person can be charged with robbery for demanding another person’s phone or wallet, even if there is no weapon involved.

In Canada, police reported approximately 21,000 robberies in 2014.
Robbery can mean everything from punching a person on the street and taking their wallet or cell phone, to robbing a taxi driver or store owner, to a full-blown bank heist. Any theft or attempted theft, by way of assault, may qualify for criminal robbery charges being brought against an individual in court.

Whenever force, or the threat of force, coincides with taking property or attempting to take property from another person, a robbery allegation can be made.

According to the Criminal Code of Canada, one commits robbery in the following circumstances:

• 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 or property;
• 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;
• assaults any person with intent to steal from them; or
• steals from any person while armed with an offensive weapon or imitation thereof.

Given that robbery is deemed a violent offence, the Crown will often seek your detention pending trial if you are facing a robbery allegation. The Crown may also seek a custodial sentence.

Under the Criminal Code of Canada, robbery is considered one of the more serious offences. Given that it is a straight indictable offence, you will have the right to a trial in the Superior Court of Justice, and you may exercise your right to be tried by a jury. If you are found guilty, the charge of robbery is punishable by a sentence of up to life imprisonment.

If a firearm, or an imitation thereof, is used in the commission of a robbery, mandatory minimum sentences of imprisonment may apply upon conviction.

There are many factors that can aggravate the seriousness of a robbery allegation, including, but not limited to, an offender’s age and criminal record. Other factors include:

• The use of any weapons;
• The degree of violence used;
• Any injuries that were caused to the complainant;
• The vulnerability of the complainant;
• The value of the stolen property, etc.

A conviction resulting in jail time in a robbery case is often just the tip of the iceberg. An individual charged will potentially face many other consequences, including:

• Job loss, or ineligibility to work in certain professional fields;
• Immigration issues;
• Travel limitations;
• Risk of being exposed publicly through the media, etc.; and
• Embarrassment to family, friends, etc.

If you or someone you know has been charged with robbery, do not delay. Please call Hundal Law Firm at (416) 888-0592. Our lawyer can provide legal representation and help you understand the charges, potential consequences, and available legal options.