Robbery Charges in Canada: Definition, Penalties, and Defences

What is robbery under the Criminal Code?

Section 343 of the Criminal Code states that everyone 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 they steal, 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 them; or
(d) steals from any person while armed with an offensive weapon, or an imitation thereof.

Robbery is considered a violent property offence. Unlike simple theft, robbery involves force, threats, or intimidation. Because of this, it is treated much more seriously by the courts.

Robbery charges can arise from many different situations, including street robberies, convenience store incidents, carjackings, or confrontations where property is taken using threats or violence. Even the use of an imitation weapon, or simply threatening harm while taking property, can result in a robbery charge.

What is the possible punishment for robbery?

Section 344 of the Criminal Code states that every person who commits robbery is guilty of an indictable offence and liable:

(a) if a restricted or prohibited firearm is used in the commission of the offence, or if any firearm is used 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:
    (i) five years for a first offence; and
    (ii) seven years for a second or subsequent offence;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and a minimum punishment of four years; and

(b) in any other case, to imprisonment for life.

Even where no firearm is involved, robbery still carries a maximum penalty of life imprisonment. Sentences depend on the specific facts of the case, including:

• Whether a weapon was used
• Whether the victim was injured
• The amount of planning involved
• The accused’s prior criminal record
• The circumstances surrounding the offence

Additional consequences of a robbery conviction

A conviction for robbery can have serious long-term effects beyond any jail sentence. These may include:

• A permanent criminal record
• Difficulty obtaining employment
• Restrictions on international travel
• Immigration consequences for non-citizens
• Limitations on housing or professional licensing

Because robbery is considered a violent offence, it can significantly affect future bail hearings and sentencing in any subsequent cases.

Possible defences to a robbery charge

Every case is different, and there may be valid legal defences depending on the circumstances. Some common defence issues in robbery cases include:

• Mistaken identity: Many robbery cases rely on eyewitness testimony, which can be unreliable.
• Lack of intent: The Crown must prove there was an intent to steal using violence or threats.
• Insufficient evidence: The prosecution must prove the case beyond a reasonable doubt.
• Charter violations: Evidence may be excluded if police violated the accused’s rights, such as through an unlawful search, seizure, or arrest.
• Credibility issues: Witness inconsistencies or unreliable statements can weaken the Crown’s case.

An experienced criminal defence lawyer can review the evidence, challenge the Crown’s case, and determine the best strategy to protect your rights.