The Criminal Code of Canada defines robbery as the use of any force, violence or threats, while armed or unarmed, for the purpose of stealing property. In very simple terms, a robbery is a theft that is accompanied by violence or threats of violence. Canadian Courts have often ruled that the attempt to use violence or intimidation can constitute a robbery even if no theft occurs. For the offence to be considered an Armed Robbery the weapon that is used must be a weapon that can cause injury or death, even if it’s only used to threaten or intimidate. The courts treat robbery charges and armed robbery charges very seriously.
If you have been accused of a committing a robbery, while armed or not, it is important to contact an experienced robbery lawyer from Toronto.
Sentences for robbery and armed robbery can vary greatly depending on the allegations. Due to this, a theft lawyer from Toronto like William Jaksa is needed to ensure that you are sentenced for the minimum amount of time or no time at all. The presence of firearms could bring mandatory minimum sentences into effect.
In determining the appropriate sentence Courts will consider such factors as:
- The number of robberies committed
- Nature of the robberies: ‘take over robberies’ or ‘simple muggings’
- If injures were sustained and the extent of these injuries
- If a weapon was used and the type of weapon used
- The losses incurred by the victim
- The level of sophistication of the robbery
- Where the robbery occurred
- The level of violence used
- The vulnerability of the victims
Defences to robbery charges typically challenge the identification evidence whether it is video surveillance or forensic evidence such as fingerprints or DNA. Challenging the nature of the weapon used and whether a firearm was used or if it was an imitation firearm is important to any robbery defence. A professional robbery lawyer like William Jaksa will be able to demonstrate to the Court the weaknesses of the case and your defences.
The police will often rely on video surveillance and forensic evidence, such DNA and fingerprints, to identify the person that committed the robbery. An experienced robbery lawyer will understand the law surrounding the use of identification and forensic evidence and effectively be able to challenge it at trial.
Contact William Jaksa, an experienced Criminal Lawyer to assist you with your defence.