Robbery Charges in Ontario

What Is Robbery Under Canadian Law?

Section 343 of the Criminal Code defines several circumstances that may constitute robbery.

A person may be accused of robbery where the Crown alleges that the person:

• Stole and used violence or threats of violence to obtain the property or overcome resistance;
• Stole from a person and wounded, beat, struck or used personal violence immediately before, during or immediately after the stealing;
• Assaulted a person with the intent to steal; or
• Stole from a person while armed with an offensive weapon or imitation weapon.

Robbery is different from ordinary theft because it involves violence, a threat, an assault or a weapon in connection with the alleged stealing.

The Crown must prove the particular form of robbery alleged beyond a reasonable doubt.

Common Types of Robbery Allegations

Robbery charges may arise in different circumstances.

Street Robbery

A street robbery allegation may involve property allegedly taken from a person in a public place through force, threats or intimidation.

Evidence may include witness descriptions, security video, cellphone records and property recovered after the incident.

Commercial Robbery

These allegations may involve a store, bank, restaurant, pharmacy or other business.

Police may rely on security recordings, employee statements, transaction records, clothing, vehicles and evidence relating to the alleged weapon.

Home-Invasion Robbery

A robbery alleged to have occurred inside a residence may also result in charges such as break and enter, forcible confinement, assault, firearms offences or wearing a disguise.

The Crown must prove the accused’s identity and participation in each offence charged.

Robbery With a Firearm

Where a firearm is allegedly used, carried or displayed during a robbery, the accused may face additional firearms charges.

The Crown must prove that the object met the applicable legal definition where the charge depends on it being a firearm.

Robbery With an Imitation Firearm

Section 343 also refers to stealing from a person while armed with an offensive weapon or an imitation.

Even where an object was not an operable firearm, its alleged use or appearance may be relevant to the robbery charge and other weapons offences.

Group Robbery

Police may charge several people when they believe a robbery was planned or committed by a group.

The Crown must prove the responsibility of each accused. Mere presence near other people who committed an offence does not automatically establish participation.

Robbery, Theft and Assault

Robbery may include elements of both theft and assault, but these offences are not identical.

Theft

Theft generally involves fraudulently taking or converting property with the intent to deprive the owner of it.

A theft does not become robbery unless the evidence also establishes the violence, threat, assault or weapon-related circumstances required by section 343.

Assault

An assault may involve the intentional application of force without consent, or an attempt or threat to apply force in circumstances where the person appears capable of carrying it out.

For robbery, the alleged assault or violence must be connected to stealing or an intention to steal in the manner required by section 343.

Possession of Stolen Property

A person found with property taken during a robbery may be charged with possession of property obtained by crime.

Possession of stolen property does not by itself prove that the person participated in the original robbery.

What Must the Crown Prove?

The Crown must prove every essential element of the alleged robbery beyond a reasonable doubt.

Depending on the allegation, the Crown may need to establish:

• The identity of the accused;
• That property was stolen or that the accused intended to steal;
• That the accused acted dishonestly and intended to deprive the owner of the property;
• That violence, threats of violence or an assault occurred;
• That the violence or threat was connected to the stealing;
• That the accused was armed with a weapon or imitation, where alleged;
• That the accused participated in the offence; and
• That the evidence supports the particular form of robbery charged.

Where several people are charged, the Crown may rely on the Criminal Code provisions concerning parties to an offence. The prosecution must still prove the accused’s intentional participation rather than mere association.

Evidence in a Robbery Case

Evidence may include:

• Statements from the complainant;
• Statements from employees, bystanders or other witnesses;
• Security or cellphone video;
• Police body-worn camera recordings;
• Photographs;
• Clothing or property seized by police;
• Fingerprint or DNA evidence;
• Firearm or weapon evidence;
• Cellphone location information;
• Text messages and social-media communications;
• Vehicle records;
• Identification procedures;
• Financial or transaction records;
• Police surveillance; and
• Statements allegedly made by the accused.

Robbery investigations often depend heavily on identification evidence and the interpretation of security video.

Eyewitness Identification

Eyewitness identification may be affected by:

• The duration of the incident;
• Lighting;
• Distance;
• Obstructions;
• Stress;
• Whether the person’s face was covered;
• The presence of a weapon;
• Differences between initial and later descriptions;
• Discussions among witnesses; and
• The identification procedure used by police.

A confident witness is not necessarily an accurate witness. The court must assess the reliability of the identification evidence in the circumstances.

The defence may compare the witness’s first description with later testimony, photographs, video and other objective evidence.

Security and Cellphone Video

Video evidence may assist in determining:

• What occurred;
• How many people were involved;
• Whether violence or a weapon was used;
• The sequence and timing of events;
• Clothing and physical characteristics;
• The route taken before or after the incident; and
• Whether the accused can be identified.

Video may be incomplete, unclear or recorded from an angle that does not show important details. The defence may examine the original recording rather than relying only on screenshots or police descriptions.

Cellphone and Location Evidence

Police may use cellphone records, device searches or location data to allege that an accused communicated with other participants or was near the scene.

The defence may examine:

• Who possessed or used the device;
• Whether other people had access to it;
• The accuracy of the location information;
• Whether the communications were complete;
• Whether the records establish participation rather than association; and
• Whether police obtained the evidence lawfully.

The presence of a cellphone in a general geographic area does not necessarily prove that its owner committed a robbery.

Weapons and Firearms Evidence

Where a weapon is alleged, the evidence may include:

• The object seized by police;
• Witness descriptions;
• Video;
• Fingerprint or DNA evidence;
• Firearms classification and operability reports;
• Ammunition;
• Statements concerning how the object was used; and
• Evidence connecting the object to the accused.

If no weapon is recovered, the Crown may rely on witness testimony or video. The defence may examine whether the evidence establishes the type of object alleged and whether the accused possessed or used it.

Possible Defences to a Robbery Charge

The available defence depends on the allegations and evidence. Possible issues may include the following.

Mistaken Identification

The accused may not have been the person who committed the robbery.

The defence may challenge eyewitness identification, unclear video, descriptions, police identification procedures and other evidence connecting the accused to the incident.

Alibi

Evidence may show that the accused was somewhere else when the robbery occurred.

An alibi may be supported by witnesses, video, work records, transaction records, electronic communications or location information.

No Theft or Intent to Steal

The Crown must establish the required taking or intention to steal.

A dispute over ownership, permission or the right to possess property may raise a reasonable doubt about dishonest intent, depending on the circumstances.

No Violence, Threat or Assault Connected to the Theft

The evidence may support a different property allegation without establishing the violence, threat, assault or weapon-related element required for robbery.

The precise timing and purpose of any physical interaction may be important.

No Weapon or Imitation Weapon

Where the alleged form of robbery depends on the accused being armed, the evidence may not establish that a weapon or imitation was present.

Witness observations, video and any recovered object may require careful examination.

Mere Presence

A person may have been near the incident or associated with another accused without participating in the robbery.

The Crown must prove intentional assistance, encouragement or another legal basis for party liability.

Duress

In limited circumstances, the evidence may raise the defence of duress where the accused participated because of threats of death or bodily harm.

Duress is subject to specific legal requirements and depends on the individual facts.

Unreliable or Inconsistent Evidence

The defence may examine inconsistencies between witness statements, video, forensic evidence, police notes and other records.

Not every inconsistency is significant, but contradictions concerning identity, weapons or participation may affect whether the Crown has proved the case.

Charter Violations

Potential Charter issues may involve:

• Unlawful detention or arrest;
• Improper vehicle or residence searches;
• Search-warrant problems;
• Unlawful cellphone searches;
• Suggestive identification procedures;
• Failure to provide timely access to counsel; or
• Statements obtained in violation of the accused’s rights.

Where a Charter breach is established, the defence may seek exclusion of evidence or another appropriate remedy.

Not every defence applies to every case. The disclosure and individual circumstances must be reviewed before a defence strategy can be determined.

Parties to a Robbery

A person does not necessarily have to personally take the property to be convicted as a party to a robbery.

The Crown may allege that an accused:

• Committed the offence;
• Aided another person;
• Encouraged another person;
• Formed a common intention with others; or
• Participated in planning or carrying out the robbery.

However, friendship, association or presence is not enough by itself. The Crown must prove the knowledge and intentional participation required by law.

The conduct and state of mind of each accused must be assessed separately.

What Happens After a Robbery Charge?

Following an arrest, the accused may be held for a bail hearing. The Crown may oppose release depending on the seriousness of the allegation, the strength of the evidence and the accused’s circumstances.

Release conditions may prohibit the accused from:

• Communicating with the complainant or witnesses;
• Communicating with co-accused persons;
• Attending specified locations;
• Possessing firearms or other weapons;
• Using specified electronic devices; or
• Travelling outside a defined area.

The case will normally proceed through several stages:

• Bail or release;
• First court appearance;
• Receipt and review of Crown disclosure;
• Review of video and identification evidence;
• Crown pre-trial discussions;
• Judicial pre-trial;
• Charter applications or other motions;
• Resolution discussions; and
• Trial, if the matter is not otherwise resolved.

The accused must comply with every release condition unless it is formally changed.

Will a Robbery Charge Result in Jail?

Robbery is an indictable offence and carries a maximum sentence of life imprisonment.

The sentence in an individual case depends on factors including:

• The degree of violence or threats;
• Whether anyone was injured;
• Whether a firearm or other weapon was involved;
• The value and nature of the property;
• The degree of planning;
• The accused’s role;
• Whether the offence involved multiple participants;
• The accused’s criminal record; and
• Other aggravating or mitigating circumstances.

The maximum penalty does not determine the sentence in every case. No particular outcome can be predicted without reviewing the evidence, the accused’s circumstances and the applicable law.

Robbery Charges and Immigration Status

A robbery charge or conviction may create serious immigration consequences for a permanent resident, foreign national or other person who is not a Canadian citizen.

The potential effect depends on the offence, sentence and individual immigration status. Coordinated advice from criminal and immigration counsel should be considered before decisions are made concerning a plea or resolution.

Why Experience With Police Investigations Matters

Before becoming a criminal defence lawyer, Jake Shen served as a Toronto police officer. This experience provides practical insight into how police respond to robbery complaints, interview witnesses, collect video, conduct identification procedures, execute searches and investigate firearms or other weapons.

As defence counsel, Jake reviews the investigation from the perspective of the accused and examines whether identification evidence is reliable, whether the accused intentionally participated and whether the accused’s Charter rights were respected.

Speak With a Toronto Criminal Defence Lawyer

If you have been charged with robbery in Toronto, Markham or elsewhere in Ontario, obtaining legal advice early may help you understand the allegations, release conditions and evidence.

Contact Jake Shen to discuss the charge, the police investigation and the next steps in the criminal court process.

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The information on this page is general information and is not individualized legal advice. Reading this page or submitting a contact form does not by itself create a lawyer-client relationship.