The charge of robbery is an indictable offence and such is very serious. Stealing from person and using violence, or threats of violence will elevate the theft to a charge of robbery and the crown will seek imprisonment of the offender in most, if not all, cases involving robbery.
There are also a number of aggravating factors – particular circumstances of the incident which will attract a harsher punishment – such as, the location of the robbery, a robbery involving a home invasion, if a weapon was used, or if a person was injured or killed. If a person is killed during a robbery, it is very likely, a charge of first degree murder would be laid.
Sections 343 and 344 Criminal Code of Canada – Robbery
Section 343 of the Criminal Code of Canada, states:
Every one commits 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.
Section 344 of the Criminal Code of Canada, states:
(1) Every person who commits robbery is guilty of an indictable offence and liable
(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, five years, and
(ii) in the case of a second or subsequent offence, seven years;
(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.
(2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
(a) an offence under this section;
(b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or
(c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1 or 346 if a firearm was used in the commission of the offence.
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.
Sequence of convictions only
(3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
Been Charged with Robbery?
The consequences of being found guilty of robbery are severe and very harsh. Being an indictable offence, the maximum term of imprisonment can be as high as life, and if a firearm was used during the robbery, there is a mandatory minimum term of imprisonment of four years. The impact of a guilty plea or conviction can have devastating effects on your family, livelihood, ability to travel and future prospects. If you have been charged with robbery, G Law Group can ensure the crown is living up to their onus of proof – which is, can they actually prove what it is that they are alleging?
If you require a lawyer, please call us at, 905-497-7200