Robbery Lawyer Toronto
Robbery is a straight indictable offence under the Criminal Code of Canada, and is treated seriously by Courts and Crowns alike. Facing a Robbery charge, you’re at risk of significant implications, including:
- A criminal record
- Jail time
- Strict bail conditions, such as house arrest
- Travel issues
A Robbery Lawyer in Toronto can help mitigate the risks and use their experience in the Criminal Court Process.
Definition of Robbery
The law of robbery in Canada is primarily defined under sections 343 and 344 of the Criminal Code. Robbery is considered a serious indictable offence with severe penalties.
The essential elements of robbery include theft combined with violence or the threat of violence. Specifically, section 343 outlines that robbery occurs when an individual steals and uses violence or threats to extort the stolen item or to prevent or overcome resistance to the theft. It also includes stealing from a person and using violence immediately before, during, or after the theft, assaulting a person with the intent to steal, or stealing while armed with an offensive weapon or imitation thereof.
Potential Punishments for Robbery
The punishment for robbery is severe. Under section 344, the general penalty for robbery is life imprisonment. If a restricted or prohibited firearm is used during the commission of the robbery, or if the robbery is committed for the benefit of a criminal organization, there is a mandatory minimum sentence of five years for a first offence and seven years for subsequent offences. Additionally, section 98.1 specifies that robbery with the intent to steal a firearm also carries a maximum penalty of life imprisonment.
Sentencing Range for Robbery in Toronto
The sentencing range for robbery in Canada varies significantly depending on the circumstances of the offence and the offender. Generally, robbery is considered a serious crime and is liable to imprisonment for life under section 344 of the Criminal Code of Canada. However, the actual sentences imposed by courts can vary widely.
For robbery involving a weapon, the sentencing range is typically between two to nine years R. v. Marks, [2016] B.C.J. No. 2550, R. v. John, [2023] B.C.J. No. 1049. Specific factors such as the use of a firearm, the involvement of a criminal organization, and the offender’s criminal history can influence the length of the sentence. For instance, if a restricted or prohibited firearm is used, the minimum sentence is five years for a first offence and seven years for subsequent offences.
In cases of home invasion robbery, the sentencing range is generally higher, from seven to ten years R. v. McKay, [2017] M.J. No. 162. The courts consider home invasions particularly serious due to the invasion of personal space and the potential for significant harm to victims.
Robbery of vulnerable victims, such as taxi drivers, also attracts a wide sentencing range, typically between three to twelve years, with deterrence being a key sentencing principle R. v. Charlette, [2015] M.J. No. 94. For less severe cases, such as those involving strong mitigating circumstances, sentences can be as low as two years R. v. Cooper-Flaherty, [2020] Nu.J. No. 57.
Overall, while the maximum penalty for robbery is life imprisonment, the actual sentences imposed reflect the specific circumstances of each case, including the level of violence, the presence of weapons, and the offender’s background R. v. John, [2023] B.C.J. No. 1049, RAD File No. MB7-26183, [2019] R.A.D.D. No. 749, Canada (Minister of Citizenship and Immigration) v. Clerjeau, [2020] F.C.J. No. 1172.
A Robbery Lawyer in Toronto will help determine which penalties are within the range available for your specific case.
Potential Defences to Robbery in Toronto
The potential defences to a charge of robbery in Canada include several substantive and situational defences. These defences can be raised to mitigate or avoid liability, depending on the circumstances of the case.
One potential defence is the lack of intent to steal, which can be negated by a bona fide claim of right. If the accused genuinely believed they had a right to the property in question, this belief could serve as a defence to the robbery charge.
Another defence is duress, where the accused was compelled to commit the robbery due to threats of death or bodily harm. However, section 17 of the Criminal Code specifies that duress is not available as a defence for robbery, although common law may provide some exceptions for parties to the offence rather than principal offenders.
Self-defence is another potential defence, where the accused argues that their actions were necessary to protect themselves from imminent harm. The Crown must disprove this defence beyond a reasonable doubt once it is raised R. v. Runstadtler, [2001] O.J. No. 698.
Additionally, extreme intoxication may be a defence if it can be shown that the accused lacked the specific intent required for robbery, potentially reducing the charge to a lesser offence such as assault.
Other defences include the argument that the violence used was not to facilitate the theft but rather to escape, which may negate the robbery charge and reduce it to theft R. v. Desjarlais, [1985] S.J. No. 232. Lastly, the defence may argue that the robbery was a fiction or a result of the complainant’s drug-induced state, raising reasonable doubt about the accused’s guilt R. v. Quaye, [2012] B.C.J. No. 3126.
These defences highlight the importance of the specific facts and circumstances of each case in determining the applicability and success of a defence to a robbery charge. Consult with a Robbery Lawyer in Toronto to determine which defences, if any, are available in your specific case.
Retaining a Robbery Lawyer Toronto
In summary, robbery in Canada involves theft combined with violence or threats, and it carries significant penalties, including life imprisonment, with mandatory minimum sentences in cases involving firearms.
Andrew Captan is an experienced Toronto Criminal Lawyer and Robbery Lawyer. For a free consultation about you Robbery case, call (647) 878 – 6355 or e-mail him at andrew@captanlaw.com.
