QUICK TAKEAWAY
Both robbery and theft accomplish the same thing - taking property that is not rightfully yours from someone else. The difference is robbery involves the use of threats or violence and even weapons. Because of that, robbery is much more serious than theft as reflected in the jail terms imposed for a conviction. Robbery is an indictable offence and under s.343 of the Criminal Code you could face life in prison if you are found guilty.
Table of Contents:
What is Robbery?
A robber employs intimidation, force or coercion to obtain property or money. Robbery comes in many different forms such as a mugging, a carjacking or something as elaborate as a bank heist. Weapons are commonly used to force victims to surrender their property. Weapons are typically thought to be guns or knives but anything that can inflict harm can be considered a weapon. Using a replica gun or a pellet gun would still lead to a charge of armed robbery. However, a weapon does not have to be used for a theft to be considered a robbery. If you threaten to physically harm the intended victim or someone they know, you could be charged with robbery.
According to s.343 of the Criminal Code someone is guilty of robbery who:
- 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;
- steals from any person and, at the time or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;
- assaults any person with intent to steal from them; or
- steals from any person while armed with an offensive weapon or imitation thereof.
Violence can be implied from your actions. The victim must believe that they will be harmed or they are in danger if they don't comply with your demands. For example, it is reasonable to assume a bank teller who receives a note demanding money would think their safety is in jeopardy.
What is Needed to Convict
With any offence the Crown must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you engaged in criminal behaviour and had the state of mind, or mens reaHaving criminal intent, knowledge, or recklessness, required for that crime. It must be demonstrated that you had possession and control of the stolen property at some point and that you did not have consent to take the item in question. The court must also be convinced a weapon was used or there was an implied threat of violence. To establish this, the words and gestures you used will be considered along with what actions you took that led the victim to believe they were in jeopardy.
Treated as an Indictable Offence
If you have been charged with robbery, the Crown will proceed as an indictable offenceIndictable offences are more-serious criminal offences and you can be imprisoned if convicted.
Penalties for Robbery
Because robbery includes the element or threat of violence, incarceration is likely if you are convicted. Depending on the circumstance, minimum sentences apply. If a firearm is used in the commission of the offence, there is a minimum sentence of four years in custody up to a maximum of life in prison.
According to the Criminal Code, anyone who commits a 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) five years for a first offence, and
(ii) seven years for a second or subsequent offence;
As well as incarceration you could be subject to a mandatory weapons prohibition order under s.109 of the Code and a mandatory weapon forfeiture order under s.491.
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Keli D. Mersereau Criminal Law Office
Shellie Addley Barrister and Solicitor.
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Glossary of Legal Terms
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Mens rea
Mens rea refers to having criminal intent, knowledge, or recklessness since the person is aware of their misconduct. The literal translation from Latin is "guilty mind." The Crown needs to show that the accused had mens rea to win a conviction.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
