What is armed robbery?

What is armed robbery?

If you use violence or threats to steal from someone, that is robbery. But if you brandish a weapon while committing that act, it becomes armed robbery.

The difference between the two crimes can be years in jail. Carrying a weapon during any criminal action is an aggravating factor when it comes to sentencing, even if it was never used or if it was an imitation weapon.

Is there a charge called ‘armed robbery’?

The term “armed robbery” does not appear in our Criminal Code. However, if you hear about someone facing “armed robbery” charges in Canada, that means they are charged with robbery under s.343(d) of the Code that reads, “everyone commits robbery who … steals from any person while armed with an offensive weapon or imitation thereof.”

The other components of s.343 address less serious forms of robbery.

They are:

• s.343(a) stealing using violence or threats of violence;
• s.343(b) stealing while wounding another person; and
• s.343(c) assaulting a person while stealing from them.

When it comes to armed robberies, an “offensive weapon” must have been used or threatened. That includes firearms and knives but also includes items such as a baseball bat, brass knuckles, a crossbow or any object that can be used to cause someone to fear for their safety.

What is the difference between robbery and theft?

Theft involves stealing someone’s property or personal possessions without their knowledge, such as through shoplifting. Sometimes the victim is not present when the theft occurs. On the other hand, robbery always has an element of violence and intimidation.

What are my defences for armed robbery?

I ask my clients for a detailed description of events that led to the charges. After studying their statement and the evidence against them, I suggest what I believe would be their best defence. For those accused of armed robbery, common defences include:

• Witness testimony is not conclusive. A defence lawyer may choose to challenge the accuracy of testimony being relied on by the Crown prosecutor. This includes statements by complainants or witnesses who have identified you as the culprit. Perhaps that was done by picking you out of a lineup or they are relying on their memory of the event, but neither are reliable. According to information from the Public Prosecution Service of Canada, “the U.S. Innocence Project estimates that eyewitness error was a contributing cause in 70 percent of the 356 wrongfully convicted accused who have been exonerated by DNA evidence in that country.” In addition, “the American Psychological Association estimates that one in three eyewitnesses make an erroneous identification.”
• Police evidence is not conclusive. Investigators will often rely on video surveillance and forensic evidence, such as DNA and fingerprints, to identify the person who committed a robbery. An experienced criminal lawyer will understand the shortcomings associated with these forms of evidence and will be able to challenge them at trial. Security camera footage, for example, is often questionable since suspects often have their faces concealed, making a firm identification very difficult.
• You lacked criminal intent. To win a conviction for any charge the Crown must prove that the accused specifically intended to break the law. If you were impaired – by drugs, alcohol or a mental issue at the time of the incident – your lawyer may be able to argue that you lacked criminal intent. Your attorney may also be able to negotiate to have you plead guilty to a lesser charge, such as theft.
• Your Charter rights were violated. The Canadian Charter of Rights and Freedoms provides several protections including the right to be secure against unreasonable search or seizure. If you are accused of a crime and investigators violate your Charter rights as they build the case against you, your lawyer can ask that the charges be withdrawn. A qualified defence lawyer will be able to identify if any violation of your rights has occurred.

What is the penalty for armed robbery?

The charge of armed robbery is always treated as an indictable offence. If a restricted firearm or prohibited firearm is used, or if the armed robbery was at the direction of a criminal organization, the maximum sentence is life in prison.

What is needed to convict?

The Crown prosecutor must prove beyond a reasonable doubt that you were the one who committed the crime and that you obtained property or money that did not belong to you. The court must also be convinced you were carrying a weapon of some sort and that there was an implied or expressed threat of violence.

How many armed robberies are there in Canada?

According to a 2023 report from Statistics Canada, the rate of robbery was up for the first time in two years, increasing 15 percent in 2022. Categorized as a violent violation, robbery accounted for 39 percent of the increase in the Crime Severity Index in 2022.

The report notes that in 2022, there were 9,198 victims of violent crime where a firearm was present during the commission of the offence. This rate was 10 percent higher than the previous year. The rate of victims of firearm-related crime has increased 60 percent since 2013.

According to information released by the federal government, a “very small percentage of robberies result in an arrest. Since the firearm used is rarely recovered, “it is difficult to estimate with precision the proportion of real versus fake firearms used in robberies. In Toronto … [a study] found that in the few cases of armed robbery where they were able to obtain information on the type of firearm, 43 percent involved handguns and 36 percent involved imitation firearms or air guns.”

Contact me for assistance

Anyone accused of armed robbery needs an experienced criminal lawyer to explain their options and guide them through the judicial process. If you retain my services, you will only deal with me and will never have to repeat yourself to other lawyers or members of my firm to discuss the details of your case. Contact me for a free consultation, in French or English.