Toronto Robbery Lawyer

Robbery is a serious criminal offence and, in Canadian criminal law, is an “indictable” offence.   Depending on the way in which a Robbery is committed, there may be significant penalties attached to the offence.   In this blog post, information is provided from the perspective of a Toronto Robbery Lawyer about what you need to know about this particular charge if you’re facing it.

What is Robbery?

Robbery is one of the most serious criminal offences a Toronto Criminal Lawyer can take on. Robbery, in short, is the combination of an Assault and Theft rolled into one act or incident.  The offence is set out under s. 343 of the Criminal Code of Canada provides four separate ways in which Robbery can occur.   Specifically, the section states that everyone commits a 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 or property;

(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.

If you’ve been charged with Robbery and the conduct you were engaged in does not fit within one of the above parameters, contact a Toronto Robbery Lawyer to discuss the case, as you may have a defence.

How is Robbery Proven?

The Crown Attorney is required to prove the charge of Robbery, like any other criminal charge, beyond a reasonable doubt in Court.  To do so, the following elements must be proven:

1. Theft: Robbery involves the taking of property without the owner’s consent. The property may be taken directly from the owner, or from a place where the owner has control over it.
2. Violence or Threat of Violence: The offender must use or threaten to use violence against the victim or another person in order to commit the theft. The violence or threat of violence can be physical or verbal.
3. Intent: The offender must have the intention to commit robbery. This means that they must intend to use violence or the threat of violence to steal property.
4. Knowledge: The offender must have knowledge that the taking of the property was done without the owner’s consent.

If you’ve been charged with a Robbery, speak to an experienced Toronto Robbery Lawyer and determine whether the Crown has a prima facie case to prove the elements of the offence.

Which Type of Robbery is Most Common?

According to Statistics Canada’s 2020 report on police-reported crime in Canada, the most common type of robbery in Canada is “Robbery – Business and Personal Services” (which includes robberies of financial institutions, convenience stores, and other businesses). This category accounted for 36% of all reported robberies in 2020. The second most common type of robbery was “Robbery – Individuals,” which accounted for 28% of all reported robberies. This category includes muggings and other types of street robberies. Other types of robbery, such as home invasions and carjackings, were less common. An experienced Toronto Robbery Lawyer will handle all types of Robbery Charges, whether street level or business level.

Is Robbery a Violent or Property Crime in Canada?

Robbery is a combination of a Theft and Assault.  Accordingly, it has elements of both a violent and property crime.  However, a Toronto Robbery Lawyer will likely refer to it as a crime of violence, given the overall severity of the charge.

Is Robbery More Serious Than Theft?

Robbery is basically a theft accompanied by violence or threats of violence. The difference between robbery and ‘theft’ is that robbery is committed by confronting and intimidating the person whose property is taken, whereas theft is committed without violence or threats of violence, and often occurs without notice.  Because of the use of violence or threatened violence, Robbery is a far more serious criminal offence, for which you should consult with a Toronto Robbery Lawyer if charged

What is the sentence for robbery in Ontario?

There is no set penalty or sentence for Robbery in Ontario.  It is a straight indictable offence, for which the maximum jail sentence is life imprisonment.  There are minimum jail sentences that apply where firearms are used in the commission of the robbery. 

How long can you get for street robbery?

The penalty scheme noted directly above applies to street level Robberies as well.  Life imprisonment is the maximum sentence, regardless of what level of Robbery you are involved n.

How Are Robberies Investigated?

Robberies in Canada are investigated by law enforcement agencies such as the Royal Canadian Mounted Police (RCMP), provincial and municipal police services, and other specialized units. The investigation process typically involves several steps, including:

1. The initial report or complaint – The first step in investigating a robbery is receiving a report of the incident from the victim or witnesses. The report should include details about the time, location, and nature of the robbery, as well as descriptions of the suspects and any vehicles involved.
2. The gathering of evidence – Investigators will gather evidence from the scene of the crime, including physical evidence such as fingerprints, DNA, and other forensic evidence, as well as witness statements and surveillance footage.
3. The identification of suspects – Using the evidence gathered, investigators will work to identify possible suspects, including reviewing criminal records and conducting interviews.
4. The making of an arrest – Once a suspect has been identified, investigators may arrest them or obtain a warrant for their arrest. This is commonly where a Toronto Robbery Lawyer will be retained, or at least where the police make initial contact with the individual.
5. Charging and Prosecuting the individual – If there is sufficient evidence, the suspect will be charged with the crime and prosecuted in court.

What is the Court Process for a Robbery Charge in Canada?

Here is a general summary of the court process for a robbery charge in Canada:

1. Arrest and charge: The first step is for the police to investigate the alleged robbery and make an arrest if they have evidence to support the charge. The accused will then be formally charged with robbery.
2. Bail hearing: If the accused is detained, they have the right to a bail hearing where a judge will determine whether they can be released on bail pending their trial. The judge will consider factors such as the seriousness of the offense, the likelihood of the accused fleeing, and the potential danger they may pose to the public.
3. First appearance after bail:  After bail has been dealt with, a first appearance in court will be set, at which point the process of disclosure begins.
4. Pre-trial and case management steps:  Once disclosure is received, a Toronto Robbery Lawyer will proceed through completing a series of procedural steps, including a Crown pre-trial meeting and a Judicial pre-trial meeting.  Afterwards, the case may be set for a guilty plea or a trial, assuming it is not withdrawn or stayed.
5. Guilty plea: If the accused wishes to admit guilt, they can enter a guilty plea to the charge and will be sentenced / punished for their conduct (see point 7). 
6. Trial: A trial is where the prosecution and the defense present evidence and arguments to a judge or jury. The prosecution must prove their case beyond a reasonable doubt, and the accused has the right to be presumed innocent until proven guilty.
7. Sentencing: If the accused is found guilty or pleads guilty, there will be a sentencing hearing where the judge will consider various factors such as the seriousness of the offense, the offender’s criminal history, and any mitigating or aggravating circumstances. The judge will then decide on an appropriate sentence.  Given the risk of jail time for a Robbery charge, even on a first offence, it is wise to hire an experienced Toronto Robbery Lawyer for your case

Andrew Captan – Toronto Robbery Lawyer

If you’ve been charged with a Robbery and are looking for someone with experience in your corner, call (647) 878 – 6355 today or visit Andrew Captan’s website HERE.