Robbery is basically stealing (committing theft) where there is a violence component in addition to the stealing.
The terms “property” and “offensive weapon” are both defined in the Criminal Code, section 2.
It is a relatively straightforward offence but also a very serious offence. The maximum sentence for robbery is imprisonment for life.
“Armed Robbery” is where the robber is “armed” with a weapon, or an imitation of a weapon. It is a relatively straightforward offence but also a very serious offence.
Under section 344 there is a minimum sentence of 5 years imprisonment if a restricted or prohibited firearm is used in the commission of the offence, or for the benefit of a criminal organization (gang). 7 years is the minimum jail term for a second or subsequent offence.
In all other cases where a firearm is used in the commission of a robbery, a minimum sentence of 4 years in jail is mandated.
The maximum sentence for any robbery is life in prison. Obviously, robbery is a very serious crime.
If you have been charged with robbery you need to call Patrick Penny. Mr. Penny has a great deal of experience in defending clients charged with robbery offences. If a firearm or any other weapon was involved or is alleged to have been involved, it is even more important to contact Mr. Penny, as in these cases, a client is facing a lengthy minimum jail sentence. This is one area where having an experienced lawyer can make a huge difference in what happens to you.
For example, in the unreported case of R. v. Smith (June 10, 2011 – Alberta Prov. Court), Mr. Penny was successful in obtaining for his client a suspended sentence and a period of probation of 18 months for a convenience store robbery in a situation where the Court of Appeal of Alberta has mandated in R. v. Johnas (1982) 2 C.C.C. (3d) 490 a starting point of 3 years in jail for an unsophisticated armed robbery of unprotected commercial outlets in the absence of physical harm to the victim.
Patrick Penny has been a criminal lawyer for over 38 years and he can help you. Don’t face your robbery charges without first speaking to Mr. Penny.
Wearing a mask during a robbery is a separate and additional indictable offence. Don’t gamble with your freedom. Call Patrick Penny today.
Robbery As Defined In The Criminal Code
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.
R.S., c. C-34, s. 302.
344. (1) Every person who commits robbery is guilty of an indictable offence and liable
(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, five years, and
(ii) in the case of a second or subsequent offence, seven years;
(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.
The code then goes on to outline a number of matters, including what constitutes a subsequent offence.
Section 230 deals with causing death while committing a robbery. If you are charged with this you are obviously in a great deal of trouble and you need to talk to a lawyer.
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