Robbery is one of the most serious property-related offences in the Criminal Code. It goes beyond simple theft and involves violence, threats, or intimidation used to take property from another person.
In plain terms, a theft becomes a robbery when force or the threat of force is used to obtain property, prevent resistance, or escape with stolen items.
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Under section 343 of the Criminal Code, a person commits robbery if they:
Robbery can occur even when no physical injury results.
To obtain a conviction for robbery, the Crown must prove each of the following elements beyond a reasonable doubt.
The prosecution must first establish that there was a theft or an attempted theft. This means:
What distinguishes robbery from simple theft is the presence of force or intimidation. This may include:
A victim does not need to be injured.
Courts recognize that implied threats can be enough if they create a reasonable fear of harm.
The violence or threat must be connected to the theft. It must be used to:
The motive behind the violence is irrelevant. What matters is that it accompanies the act of stealing.
Depending on the form of robbery, violence may occur:
As long as it is clearly linked to the taking of property.
Robbery is committed if a person steals from another while armed, even if:
When the offence involves a person under eighteen, the prosecution must prove:
The mere presence of a weapon can be enough to elevate the offence to robbery.
A person enters a convenience store and demands money from the cash register while keeping one hand in their jacket, suggesting they have a weapon. The clerk, fearing for their safety, hands over the money.
Even though no weapon is visible and no physical force is used, the implied threat of violence is sufficient to constitute robbery under section 343 of the Criminal Code.
Robbery is always prosecuted as an indictable offence and carries very severe penalties.
If the robbery involves:
The penalty is:
For robbery involving:
The offence is still punishable by life imprisonment, although no mandatory minimum sentence applies in most cases.
Sentences depend on factors such as the level of violence, the presence of weapons, the impact on the victim, and the offender’s criminal record.
When assessing repeat offending, courts may consider prior convictions for:
Convictions older than ten years are generally excluded, not counting time spent in custody. Recidivism is determined by the order of convictions, not the order in which offences were committed.
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