Robbery Defence

Robbery Charges in Ontario

Robbery is one of the most serious property offences in the Criminal Code. It is defined under Section 343 as theft combined with violence, threats of violence, or the use of an offensive weapon. Unlike simple theft, robbery is always a straight indictable offence — it cannot be prosecuted summarily — and carries a maximum penalty of life imprisonment.

The seriousness of the charge, combined with mandatory minimum sentences in many cases, means that individuals charged with robbery face the possibility of significant prison time. An aggressive, well-prepared defence is essential from the earliest stage.

The Legal Elements of Robbery

The Crown must prove each of the following beyond a reasonable doubt:

1. A theft occurred — someone was deprived of property without their consent.
2. Violence, threats of violence, or the use of a weapon accompanied the theft. Specifically, the Criminal Code defines robbery as theft where the accused:
   • Uses violence or threats of violence to a person or property for the purpose of extorting the thing stolen
   • Steals from a person and, at the time of or immediately before or after stealing, wounds, beats, strikes, or uses personal violence against that person
   • Assaults a person with intent to steal
   • Steals from a person while armed with an offensive weapon or imitation thereof

If either element — the theft or the violence — is missing, the charge of robbery is not made out. The accused may be guilty of a lesser offence (theft or assault), but not robbery.

Penalties

Robbery (Section 344(1))

Maximum of life imprisonment. There is no mandatory minimum for robbery without a firearm, but the courts treat robbery very seriously and sentences of several years are common even for first offenders, depending on the circumstances.

Robbery with a Firearm (Section 344(1)(a) and (a.1))

Where a restricted or prohibited firearm is used, or where any firearm is used in connection with a criminal organization:

• Mandatory minimum of 5 years (first offence)
• Mandatory minimum of 7 years (second or subsequent offence)

Where any other firearm is used:

• Mandatory minimum of 4 years

Robbery with Other Weapons

Where a weapon other than a firearm is used (knife, bat, imitation firearm), there is no mandatory minimum, but the presence of a weapon is a significant aggravating factor at sentencing.

Our Defence Strategy

1. Identity

Identity is the single most contested issue in robbery cases, particularly in cases involving:

• Convenience store, bank, or commercial robberies — where the perpetrator is often masked, disguised, or caught only on grainy surveillance footage
• Street robberies — where the victim had limited time to observe the perpetrator under stressful conditions
• Multi-party robberies — where several individuals are alleged to have participated and the specific role of each person is in question

We challenge identification evidence rigorously:

• Eyewitness identification: Eyewitness testimony is widely recognized as one of the most unreliable forms of evidence. Factors such as stress, cross-racial identification, the presence of a weapon (“weapon focus effect”), poor lighting, brevity of the encounter, and post-event influences (media coverage, photo lineups, conversations with other witnesses) all undermine reliability. We retain experts in eyewitness identification where appropriate and cross-examine witnesses extensively on the conditions of their observation.
• Photo lineups and show-up identifications: We scrutinize the procedures used by police. Was the lineup constructed fairly? Were fillers appropriate? Was the witness given proper instructions (including that the suspect may not be in the lineup)? Was the identification made independently or after discussion with other witnesses or police?
• Surveillance footage: We analyze video quality, camera angles, and resolution. We challenge the Crown’s assertion that the person in the footage is you, and where appropriate, retain video analysis experts.
• DNA and forensic evidence: Where forensic evidence is used to link you to the scene — such as DNA on a discarded mask, fingerprints on a weapon, or trace evidence — we examine the collection procedures, chain of custody, and laboratory analysis for errors or contamination.
• Cell phone location data: The Crown may use cell site location information (CSLI) to place your phone near the scene. We challenge the accuracy and interpretation of this data, which can only establish a general area — not a precise location.

2. Challenging the Elements of the Offence

The Crown must prove both the theft and the violence or threat component. We analyze the evidence to determine:

• Was there actually a theft? If the accused took property they believed they had a right to (colour of right), the theft element may not be established.
• Was there actually violence or a threat of violence? Not every unpleasant interaction during a taking of property rises to the level of robbery. We examine whether the Crown can prove the violent component beyond a reasonable doubt.
• Was the violence connected to the theft? The violence must be for the purpose of the theft or occur immediately before, during, or after it. If there is a temporal or causal gap between the violence and the taking, the robbery charge may not be made out — even if both a theft and an assault occurred.

3. Duress

If you were forced or coerced into participating in a robbery by threats of serious harm to you or your family, the defence of duress may be available. Duress requires that:

• You were compelled by threats of immediate death or bodily harm
• You believed the threats would be carried out
• You were not a party to a conspiracy or criminal organization
• There was no safe avenue of escape

Duress is a complete defence — if established, it results in an acquittal. We gather evidence to support this defence where the circumstances warrant it.

4. Charter Challenges

We review the entire police investigation for constitutional violations:

• Statements: Were you properly cautioned? Were you given your right to counsel before questioning? Were any statements truly voluntary, or the product of coercion, trickery, or improper police conduct?
• Identification procedures: Were photo lineups and identification procedures conducted in accordance with established protocols?
• Search and seizure: Were any searches — of your home, vehicle, person, phone, or computer — conducted with proper authorization?
• Surveillance: Was any electronic surveillance (wiretaps, tracking devices, production orders for phone records) properly authorized?

Evidence obtained in breach of your Charter rights may be excluded at trial.

5. Bail in Robbery Cases

Robbery charges present significant bail challenges. The seriousness of the offence, the potential for lengthy sentences, and the Crown’s concerns about public safety make bail hearings in robbery cases among the most contested. We prepare comprehensive release plans and present them aggressively to secure your release pending trial. In some cases, a reverse onus may apply, requiring you to show cause for your release.

6. Sentencing Advocacy

In cases where a conviction is unavoidable — whether by plea or by finding of guilt — we advocate vigorously at sentencing:

• We present a complete picture of your background, character, and circumstances through pre-sentence reports, Gladue reports (for Indigenous clients), psychological assessments, and character evidence.
• We challenge the applicability of mandatory minimums through constitutional arguments where appropriate.
• We identify and present mitigating factors — such as your age, your role in the offence, the absence of injury, restitution, remorse, and rehabilitation efforts.
• We negotiate joint submissions on sentence with the Crown where a negotiated outcome is in your best interest.

Robbery and Related Charges

Robbery charges often come alongside other serious charges:

• Disguise with Intent (Section 351): Disguising your face with intent to commit an indictable offence.
• Weapons offences: Possession of a weapon for a dangerous purpose, carrying a concealed weapon, or firearms offences.
• Forcible confinement (Section 279): Where the victim was confined or restrained during the robbery.
• Conspiracy (Section 465): Where multiple people planned the robbery together.

We address the full constellation of charges and develop a unified defence strategy.

Related Resources

• Firearms Offences Defence — firearms charges frequently accompany robbery allegations
• Theft & Property Offences — if the violence element is not established, the charge may be reduced to theft
• Your Charter Rights in a Criminal Case — Section 8 and Section 10 challenges in robbery investigations
• Bail Hearings & Reviews — robbery charges often involve contested bail hearings
• Criminal Appeals — challenging a conviction or mandatory minimum sentence

Facing robbery charges? Contact us 24/7. These charges demand immediate, aggressive representation.