Robbery
Robbery – S.344 of the Criminal Code of Canada
Summary of the Offence
Robbery is found under Part IX of the Criminal Code, specifically under "Offences Against Rights of Property" pursuant to s.344 of the Criminal Code of Canada.
Robbery is a more specific and severe form of theft, involving not only the act of stealing but also additional elements such as violence or threats of violence (assault).
Robbery can be defined as follows:
- Stealing: The act involves theft, fulfilling the basic criteria of stealing.
- Using Violence or Threats: The act includes the use or threat of violence against a person or property, which can occur before, during, or after the theft, as long as it is done to overcome resistance or compel someone to surrender the property.
- Using Offensive Weapons or Imitation Weapons: The act may involve carrying or using a weapon or an imitation thereof.
Definition of Robbery Pursuant to the Criminal Code
S.344 of the Criminal Code of Canada states:
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 of the theft or immediately before or after, wounds, beats, strikes, or uses personal violence against that person;
- (c) assaults any person with intent to steal from them; or
- (d) steals from any person while armed with an offensive weapon or an imitation thereof.
Severity of the Offence
Robbery is a straight indictable offence, meaning it is considered a serious crime with harsher penalties.
Examples of the Offence
- Bank robbery
- Attacking someone in a public place and taking their possessions
- Breaking into a home and using violence or threats of violence to steal valuables
- Carjacking: Forcibly stealing a vehicle while the owner or driver is present
- Snatching bags or purses using force or threats
Elements of the Offence
To secure a conviction for robbery, the Crown must prove, beyond a reasonable doubt, both the actus reus (guilty act) and mens rea (guilty mind).
The Guilty Act (Actus Reus)
The Crown must prove that the accused person:
- Stole or intended to steal, and
- Used or threatened violence, or
- Was armed with a weapon.
According to the Code, to "steal" means to commit theft, as defined in s.322.
An utterance that threatens force is sufficient to establish the element of "violence." There is no requirement to measure the degree of violence (R v Lecky, 2001 CanLII 6026 (ON CA)).
The Guilty Mind (Mens Rea)
Robbery under s.343(a) requires the "contemporaneous use of violence or threats of violence in the course of, and for the purpose of, taking" another person’s property (R v Jean, 2012 BCCA 448 (CanLII)).
Since robbery combines the offences of assault and theft, the mens rea of both must be proven:
- The accused intended to use or threaten violence, and
- The accused intended to steal.
"Violence" in this section means more than a technical assault. It is determined using a subjective/objective test (R v Lew, 1978 CanLII 2262 (ON CA)).
Possible Defences
- Duress: This defence applies if the accused committed the robbery under the immediate threat of serious bodily harm or death. The threat must be imminent and present at the time of the crime.
- Lack of Intent: If the accused can show they did not plan to use violence or threat of violence to commit the theft, this may serve as a defence. This could apply if the violence was spontaneous and unrelated to facilitating the theft.
- Applicable Charter Arguments: If the accused's Charter rights were violated during arrest or investigation, this may support a defence. Any Charter violations could result in the exclusion of some or all evidence used by the prosecution.
Possible Punishment If Convicted
The maximum punishment for robbery is life imprisonment.
Where a restricted or prohibited firearm is used:
- First Offence: Minimum 5 years imprisonment
- Second or Subsequent Offence: Minimum 7 years imprisonment
Where any other firearm is used:
- Minimum 4 years imprisonment
Ancillary Orders
Upon conviction, the court may issue additional ancillary orders as deemed necessary, including:
- Prohibition Orders for firearms
- Restitution Orders
- Probation Orders
- No-Contact Orders
Robbery – S.344 of the Criminal Code of Canada
Summary of the Offence
Robbery is found under Part IX of the Criminal Code, specifically under "Offences Against Rights of Property" pursuant to s.344 of the Criminal Code of Canada.
Robbery is a more specific and severe form of theft, involving not only the act of stealing but also additional elements such as violence or threats of violence (assault).
Robbery can be defined as follows:
- Stealing: The act involves theft, fulfilling the basic criteria of stealing.
- Using Violence or Threats: The act includes the use or threat of violence against a person or property, which can occur before, during, or after the theft, as long as it is done to overcome resistance or compel someone to surrender the property.
- Using Offensive Weapons or Imitation Weapons: The act may involve carrying or using a weapon or an imitation thereof.
Definition of Robbery Pursuant to the Criminal Code
S.344 of the Criminal Code of Canada states:
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 of the theft or immediately before or after, wounds, beats, strikes, or uses personal violence against that person;
- (c) assaults any person with intent to steal from them; or
- (d) steals from any person while armed with an offensive weapon or an imitation thereof.
Severity of the Offence
Robbery is a straight indictable offence, meaning it is considered a serious crime with harsher penalties.
Examples of the Offence
- Bank robbery
- Attacking someone in a public place and taking their possessions
- Breaking into a home and using violence or threats of violence to steal valuables
- Carjacking: Forcibly stealing a vehicle while the owner or driver is present
- Snatching bags or purses using force or threats
Elements of the Offence
To secure a conviction for robbery, the Crown must prove, beyond a reasonable doubt, both the actus reus (guilty act) and mens rea (guilty mind).
The Guilty Act (Actus Reus)
The Crown must prove that the accused person:
- Stole or intended to steal, and
- Used or threatened violence, or
- Was armed with a weapon.
According to the Code, to "steal" means to commit theft, as defined in s.322.
An utterance that threatens force is sufficient to establish the element of "violence." There is no requirement to measure the degree of violence (R v Lecky, 2001 CanLII 6026 (ON CA)).
The Guilty Mind (Mens Rea)
Robbery under s.343(a) requires the "contemporaneous use of violence or threats of violence in the course of, and for the purpose of, taking" another person’s property (R v Jean, 2012 BCCA 448 (CanLII)).
Since robbery combines the offences of assault and theft, the mens rea of both must be proven:
- The accused intended to use or threaten violence, and
- The accused intended to steal.
"Violence" in this section means more than a technical assault. It is determined using a subjective/objective test (R v Lew, 1978 CanLII 2262 (ON CA)).
Possible Defences
- Duress: This defence applies if the accused committed the robbery under the immediate threat of serious bodily harm or death. The threat must be imminent and present at the time of the crime.
- Lack of Intent: If the accused can show they did not plan to use violence or threat of violence to commit the theft, this may serve as a defence. This could apply if the violence was spontaneous and unrelated to facilitating the theft.
- Applicable Charter Arguments: If the accused's Charter rights were violated during arrest or investigation, this may support a defence. Any Charter violations could result in the exclusion of some or all evidence used by the prosecution.
Possible Punishment If Convicted
The maximum punishment for robbery is life imprisonment.
Where a restricted or prohibited firearm is used:
- First Offence: Minimum 5 years imprisonment
- Second or Subsequent Offence: Minimum 7 years imprisonment
Where any other firearm is used:
- Minimum 4 years imprisonment
Ancillary Orders
Upon conviction, the court may issue additional ancillary orders as deemed necessary, including:
- Prohibition Orders for firearms
- Restitution Orders
- Probation Orders
- No-Contact Orders
