Understanding Robbery Charges and Defences in Canada

Facing robbery charges can be a daunting and life-altering experience, particularly when firearms or violence are involved. For individuals accused of robbery, understanding the nature of these charges and potential defences is crucial. This article aims to provide insights into robbery charges in Canada and outline the possible defences available to those accused.

What Constitutes Robbery in Canada?

Robbery, as outlined in the Canadian Criminal Code, is an indictable offence that involves theft with the use or threat of violence. This crime can carry severe consequences, and understanding its elements is vital for anyone facing such charges.

Elements of Robbery

To secure a conviction for robbery, the Crown must prove certain elements beyond a reasonable doubt. First, there must be intent to steal. Second, the accused must use violence or threats of violence to facilitate the theft. Third, the accused must have taken or attempted to take property belonging to another person.

Robbery with a Firearm

The involvement of a firearm in a robbery significantly escalates the severity of the charges. When a firearm is used, the penalties become more severe, often resulting in a mandatory minimum sentence. This additional aggravating circumstance necessitates a robust defence strategy.

Violence and Aggravating Circumstances

Using violence during a robbery heightens the seriousness of the crime. Aggravating circumstances, such as the degree of violence used and whether the robbery was premeditated, can influence sentencing. This makes it imperative for the defence to carefully examine and contest these factors when preparing a legal strategy.

Defending Against Robbery Charges

When facing robbery charges, having a qualified criminal defence lawyer is essential. A knowledgeable lawyer can identify and implement effective defences that can mitigate the charges or lead to an acquittal.

Lack of Intent

One potential defence is arguing the absence of intent to commit robbery. If the accused did not intend to permanently deprive the victim of property or had no awareness of the violent act, it may lead to a reduced or dismissed charge.

Mistaken Identity

Often in chaotic situations, the wrong individual can be accused of robbery. Establishing an alibi or demonstrating discrepancies in witness testimony can support a mistaken identity defence.

Duress or Coercion

If the accused was forced or threatened into committing the robbery, they might use duress as a defence. This acknowledges the lack of voluntary participation in the criminal act.

Impact of Criminal Defence Lawyers

A skilled criminal defence lawyer plays a crucial role in navigating robbery charges. They can challenge the evidence, question witnesses, and present compelling arguments to the court.

Strategizing and Preparation

Effective defence strategies require thorough investigation and preparation. This includes reviewing police reports, gathering evidence, and consulting experts to build a strong case.

Plea Bargaining

In some instances, plea bargaining may be a viable option. A lawyer can negotiate with the prosecution to potentially reduce the charges or secure a more lenient sentence.

In conclusion, being charged with robbery, especially with a firearm or involving violence, is a serious legal challenge. However, understanding the charges and potential defences can significantly impact the outcome. Engaging an experienced criminal defence lawyer who understands the nuances of robbery cases is crucial for navigating the legal system and striving for the best possible result. Those accused should take immediate action to seek legal counsel and explore all available defence strategies.

Sincerely,

Your Local Experienced Hamilton Defence Lawyer

M. Robin McCourt