Robbery is a Criminal Code offence. It combines theft with violence or the threat of violence. To secure a conviction, the Crown must prove both that a theft occurred or was intended and that force or threats were used in connection with it. Even if the Crown cannot prove all the elements of robbery, a person may still be convicted of an included offence such as theft or assault if the evidence supports it.
How the Criminal Code defines robbery
The Criminal Code sets out four ways an act can qualify as robbery:
- Using violence or threatening violence to carry out a theft. The force or threat must be the means by which the theft is accomplished.
- Using violence immediately before, during, or after stealing. In this scenario, the violence does not need to be the method of the theft. A theft that occurs alongside an assault can still be robbery.
- Using violence or threats with the intention to steal, even where no theft actually takes place. This covers situations where the victim escapes or a bystander intervenes before property is taken.
- Stealing while armed with an offensive weapon or an imitation of one. The weapon does not need to be shown or used. Being found in possession of a weapon during an arrest for theft can lead to a robbery charge.
Robbery vs. theft
Theft and robbery are related but legally distinct. Theft is the taking of property without consent and with intent to deprive the owner of it. Robbery adds the element of force or threats. A person charged with robbery who is not convicted on that charge may still be convicted of theft or another included offence if the evidence supports those elements.
Penalties
Robbery carries a maximum sentence of life imprisonment. There is no longer a general four-year minimum for every robbery involving a firearm. A five-year minimum for a first offence, and seven years for a subsequent offence, applies only when a restricted or prohibited firearm is used, or when any firearm is used in connection with a criminal organization. In other cases, the sentence will depend on factors such as the degree of violence, whether anyone was injured, the accused’s record, and the surrounding circumstances.
What a defence review covers
A lawyer will examine the Crown’s evidence to assess whether the elements of the offence can be proven beyond a reasonable doubt. This typically includes looking at identification evidence, the sequence of events, the nature of any force alleged, whether any weapon was involved, and the reliability of the Crown’s witnesses. In some cases, the defence may focus on whether the facts support a less serious charge.
Frequently asked questions
Is robbery the same as theft?
No. Robbery requires violence or the threat of violence alongside a theft or intended theft. Theft alone does not involve force.
Does the weapon have to be used?
No. For an armed robbery charge, simply having a weapon on your person during a theft can be enough, even if it was never shown or used.
What if no property was actually taken?
The Crown can still proceed with a robbery charge if violence or threats were used with the intention to steal, even where the theft did not succeed.
What is the minimum sentence for robbery with a firearm?
Section 344 does not impose one minimum sentence for every robbery involving a firearm. In the specific firearm and criminal-organization circumstances described above, the minimum is five years for a first offence and seven years for a subsequent offence. Other robbery cases do not carry a general firearm minimum under section 344, although the maximum sentence remains life imprisonment.
Do I need a lawyer?
Robbery is among the more serious charges in the Criminal Code. Getting legal advice about the evidence and realistic outcomes early makes a real difference in how the case develops.
Speak with a Toronto robbery lawyer
If you have been charged with robbery, contact the firm for a free consultation before your next court date.