What Is Robbery?
Robbery is the act of taking something unlawfully from a person or place by force or by threat of force. The difference between theft and robbery is the added element of use of force or the threat of use of force by the offender.
The case of Luckett v. R, explains that Robbery can be committed in any one of four different ways:
- Steal and use violence or threats of violence for purpose of stealing.
- Steal and use violence before or after theft (but need not show for purpose of stealing).
- Assault with intent to steal.
- Steal while armed with an offensive weapon or imitation thereof.
The case of R. v. Steele, explains that “Violence” includes all conduct in which a person causes, attempts to cause, or threatens to cause, harm. The word should be interpreted according to the harm caused by the conduct rather than the force used.
The Criminal Code of Canada Defines Robbery as Follows:
343 Every one commits robbery who
- (a)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;
- (b)steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;
- (c)assaults any person with intent to steal from him; or
- (d)steals from any person while armed with an offensive weapon or imitation thereof.
Consequences for Robbery in Calgery
Depending on the type of Robbery Charge, the maximum penalties range from some jail time to life in prison. However, there are other ways of resolving these charges, that result in minimum to no jail time.
Some Robbery charges may be resolved by way of a fine while others may be resolved by way of a Suspended Sentence.
Depending on your charge, there are a number of ways to resolve your matters without going to jail.
Orders When Convicted of a Robbery
If a weapon was used in the commission of the offence, the Court may impose a firearms prohibition under s.109(2) of the Criminal Code.
If weapons were used in the commission of the offence, then very likely this will be forfeited to Crown.
The Court may order a DNA order against you, where you must submit your DNA at a police station to be registered in the national DNA databank.
The Court may order restitution for damage to property that occurred during the commission of the offence.
How Can Shory Law Help?
Our criminal defence lawyers have years of experience studying and practising in this area of law. We will communicate with the Police, the Crown, and the Court on your behalf, to ensure the best resolve of your case, in an effective and efficient manner.
If you have been charged with a robbery offence, come see one of the lawyers at Shory Law. Let our knowledge and experience guide you and let us help you navigate through the Criminal Justice System.
There are numerous ways to resolve your charges, including having the charges:
- Withdrawn or Stayed;
- Dealt with by way of a fine or Probation;
- Dealt with through a Suspended Sentence; and
- Dealt with a short jail sentence.
Every client is our priority, and we will work closely with you to resolve your charges in the best way possible. In dealing with your charges our top priorities are:
- To avoid a jail term;
- To avoid a Criminal Record; and
- To avoid negative immigration consequences
Contact us today for a FREE CONSULTATION and speak to one of our criminal lawyers immediately to take the next appropriate steps in dealing with your charges
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FAQs
What is the punishment for a robbery crime?
Generally, the starting point is anywhere from 2 to 3 years in jail, although there can be mitigating factors that reduce the length of the jail sentence. The maximum penalty for robbery is life imprisonment.
Is any act of violence a crime?
Robbery is considered a crime against the person because unlike other theft offences it involves the use, or threat of, violence.
Is mugging a violent crime?
Robbery is a very serious criminal offence and one which you can expect to receive a jail sentence if you are convicted.
