Robbery is one of the most serious property-related offences in the Criminal Code of Canada. If you have been charged with robbery in Alberta, understanding how the offence is defined and what penalties you may be facing is essential.
What is “Robbery” Under the Criminal Code of Canada?
Under Section 343 of the Criminal Code of Canada, a person commits robbery when they:
- Steal and, for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, use violence or threats of violence against a person or property;
- Steal and, at the time of stealing or immediately before or immediately after, wound, beat, strike, or use personal violence against that person;
- Assault a person with the intent to steal from them; or
- Steal from a person while armed with an offensive weapon or an imitation of one.
A conviction does not require that anyone be injured. A shove used to snatch a person’s phone, a threatening word paired with a demand for a wallet, or simply displaying what looks like a weapon while stealing can all meet the legal threshold for robbery.
Penalties for Robbery in Alberta
Robbery is an indictable offence under section 344 of the Criminal Code, meaning it is always prosecuted as a serious matter and is not eligible for summary conviction. The maximum penalty for robbery is life imprisonment.
Where a restricted firearm or prohibited firearm is used in the commission of the offence, mandatory minimum sentences apply which range from five years’ imprisonment for first time offenders and 7 years’ imprisonment for individuals who have committed this offence two or more times.
Defending Against a Robbery Charge
Being charged with robbery is not the same as being convicted. Depending on the facts of your case, a skilled criminal defence lawyer may raise several defences on your behalf, including but not limited to:
- Misidentification: Robberies often happen quickly. Eyewitness identification is often unreliable, and flaws in a photo lineup or in-court identification procedure can be challenged.
- Lack of Intent: The Crown prosecutor must prove that you intended to steal and that the violence or threat was connected to that intent. Where the encounter was a misunderstanding, a dispute over property already believed to be yours, or an accident, the necessary intent may be missing.
- No Violence or Threat: If the Crown prosecutor cannot prove that there was violence, a threat of violence, or that a weapon was used or displayed, the charge may be reduced to a straightforward theft, which carries significantly less severe consequences.
- Charter Violations: As examples, if police obtained an involuntary confession or statement, or there was physical evidence obtained through an unlawful search, that evidence may be excluded from trial.
Why Work with White and Jeet Law
Because robbery carries the possibility of a lengthy prison sentence and a permanent criminal record, it is critical to have an experienced criminal defense counsel scrutinize every piece of the Crown Prosecutor’s case, from witness statements to surveillance evidence to the circumstances of your arrest. At White and Jeet Law, we build a defence strategy tailored to your specific situation and fight to protect your freedom, your record, and your future.
Disclaimer: The information provided in this blog post is for general educational purposes only and does not constitute legal advice. Criminal law is complex and outcomes depend heavily on the specific facts of a case. If you have been charged with a criminal offence, consult with a qualified criminal defence lawyer immediately.
