Brampton Robbery Lawyer

In Canada, Robbery is a crime of stealing while using violence or threats of violence. In Robbery cases, there are various factors that are considered ‘aggravating’. Features which commonly make Robbery more aggravating include whether a weapon was used, whether the victim was injured or killed, whether a bystander was injured or killed or where the Robbery took place.

An armed Robbery in which a firearm, including an air pistol, was used, carries a minimum sentence of four years of imprisonment. If someone is killed during the Robbery, a First-degree Murder charge is likely.

Criminal Code of Canada – Definition of Robbery

343 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.

A person can be found to commit Robbery in several different ways. For example, in R. v. Breese, [2020] O.J. No. 4560, the accused, leading a group with two other men, entered a TD Bank and fired a handgun into the air. He then said “don’t make me use this gun again”, and the group ultimately left the bank with $500. Despite the relatively low sum of money, the use of the gun and threat of using it again falls within section 343(a), which requires that violence or threats of violence be used to overcome resistance to the stealing.

Robbery can also be committed where the robber wounds, beats, strikes, or uses any personal violence against the victim either during or immediately before or after the stealing. In R. v. Wabano, [2020] O.J. No. 979, the accused opened the victim’s car door, stabbed her in the arm, and then demanded her purse. The victim was able to tackle the accused and recover her purse. Given the violence used just before the Robbery, the accused was convicted of Robbery under section 343(b) of the Criminal Code.

Even where a person does not actually succeed in stealing anything, they can be charged with Robbery pursuant to section 343(c) if they assault somebody with the intent to steal from them. For example, in R. v. Di-Folca, [2017] O.J. No. 1766, the accused had gotten into the victim’s car, and attempted to steal the victim’s phone. The accused was charged with Robbery under section 343(c). The defendant argued that there was no assault sufficient for section 343(c); there was minimal force used in grabbing the phone from the victim’s hand. However, the Court convicted the accused, due to the Criminal Code definition of assault (intentional application of force directly or indirectly). Since the victim was holding his phone, and it was taken from his hands, the force used was at least indirectly applied to the victim, if not directly. The fact that it was a relatively minor level of force did not matter: “a ‘mere assault’, rather than any display of violence, is sufficient to establish the offence under s. 343(c).”

A Robbery also occurs whenever a person steals from another person while armed with an offensive weapon or an imitation thereof, regardless of whether the weapon is actually used. In R. v. Treleaven, [2017] O.J. No. 7073, the accused held the victim at gunpoint and took $80.00 from his pocket. The victim’s shoes were also taken and put in a bag. Even though the gun was never fired, the accused was convicted of Robbery under section 343(d).

Why you should hire Passi & Patel – Criminal Lawyers?

Robbery is an indictable offence that carries a maximum penalty of life imprisonment. In certain situations, where accused person used a firearm in commission of Robbery, the Criminal Code sets out mandatory minimum sentences of imprisonment. If you, a family member or loved one has been charged with Robbery, you need experienced, effective representation. At Passi & Patel, our Brampton criminal lawyers have the knowledge, dedication and commitment that cases of this nature require. We can help you though these difficult times and get you the best results possible. Call us now at (905) 459-0004 for a free consultation with one of our Brampton criminal lawyers.

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