Robbery Lawyers in Toronto

Robbery is a serious property offence that involves theft or an attempt of theft, coupled with violence or the threat of violence. It is the additional element of violence that separates this offence from that of theft.

Section 343 of the Criminal Code of Canada states the offence of robbery as follows:

Robberies, and the penalties assigned to them, range in severity. Common robbery scenarios include those that occur in banks and convenience stores. Home invasion robberies, conversely, are less common but taken the most seriously.

Any violence or threat of violence combined with stealing or an intent to steal constitutes robbery. For example, aggressive panhandling can constitute a robbery, if a threat of violence is employed.

Because robbery is a property crime involving violence or threats of violence, it has two “lesser-included offences,” assault and theft. A good defence lawyer is aware of these underlying offences and will use them when negotiating with the Crown or crafting an effective legal defence.

Investigation of Robbery Charges in Toronto

An investigation of an allegation of robbery in Toronto is typically initiated by a complaint from an alleged victim of the robbery, or a witness to the robbery.  A witness may be someone who observed the robbery take place, even if they are not the victim (for example, a customer at a bank during a bank robbery). The police will attend the scene and request a written statement from the alleged victim and any other witnesses, then they will launch an investigation.

A robbery investigation may occur quickly – in a matter of hours or days – or it could take a number of weeks. If you become a person of interest in the investigation, police may contact you to ask that you attend the police detachment to discuss the investigation. If this occurs, it is important that you contact a lawyer before speaking to police.

After the police have gathered their evidence and have reasonable grounds to believe that you are the perpetrator of the alleged robbery, they will track you down or issue a warrant for your arrest. Police may then decide to charge you immediately, or they may transport you to the Police District Office for further questioning and processing, before deciding whether or not to lay charges. You will likely be given the opportunity to speak to a lawyer before you are questioned, and you should exercise your right to do so. It is beneficial to obtain legal advice before the questioning.

After you have been charged, police will provide a package with all the evidence they collected, known as the “disclosure package,” to the Crown Prosecutor. You will have the right to access this disclosure package to see the evidence against you. Once you retain one of our lawyers, we will assist you in obtaining the disclosure package, and we will review it with you to assess the strengths and weaknesses of the Crown’s case, as well as any legal defences that may be available to you.

Bail Process and Conditions for Robbery Charges in Toronto

How do I get myself or a loved one out on bail for robbery charges in Toronto?

If you have been charged with robbery, you will be held for a formal bail hearing.

In order to conduct a bail hearing, you will be taken to the Toronto Police Service Division that is responsible for the alleged crime. The bail hearing must be held within 24 hours, a period that starts from the moment of arrest or detention rather than the time when you are brought into the Division.

The phone number for each division is 416-808-[Division Number – 00], so for example, the number for 52 Division is 416-808-5200. The addresses for each Division of the Toronto Police Service can be found here.

Alternatively, the accused may be held at the Toronto South Detention Centre:

160 Horner Ave
Toronto, ON M8Z 0C2
Tel: 416-354-4030

Defending Robbery Charges in Toronto

What are the best defences to robbery charges in Toronto?

Because of the severity of potential penalties for a conviction for robbery, it is important that you take your defence of these charges seriously. In robbery cases, the defences that may be available to you will depend on the facts of your case.

Our starting point is always a careful review of all the police evidence and of your version of events. If you have a defence, we will pursue it to the fullest extent.

In general, the best defences for robbery charges are:

• Factual Innocence: This is usually the strongest defence because the facts and the evidence do not support you being there, causing the robbery, or other basic elements of the offence. This could include:
  • Identity: In some circumstances where the offence was not recorded by surveillance footage, the footage is of poor quality, or the witnesses did not obtain a good description of the perpetrator, you may be able to raise an identity defence. For example, authorities could have made a mistake in identifying you as the perpetrator based on the poor quality of the footage or a generic description by witnesses. In order to effectively raise this defence, you may need corroborative evidence, such as an alibi to where you were at the time of the offence.
  • No intent: In order to be convicted for robbery, the Crown must prove that you specifically intended to commit robbery. Intoxication or other factors that impaired your state of mind at the time of the alleged robbery may raise a defence that you did not intend to commit a robbery. However, even if the Court finds that you did not have the requisite intent to commit robbery, it may be possible in some cases for the Court to still find you guilty of one of the “lesser-included offences,” such as assault or theft.
  • No actus reus: The actus reus of an offence refers to the actions that make up the offence. Robbery requires both an element of violence or threats of violence, and stealing or intent to steal. Additionally, those two elements must be connected. Therefore, if one of those elements is not present, or if there is no nexus between the two, the Crown cannot prove that a robbery took place. For example, if you assault someone to take back property that legally belongs to you, the Crown would be unable to establish the element of stealing or intent to steal. However, even if the Crown cannot establish one of the elements of robbery, the Court may still be able to convict you for one of the “lesser-included offences” of assault or theft, if one of those offences can be established.
• Violation of Constitutional Rights: The Canadian Charter of Rights and Freedoms sets out your rights before and after your arrest. If the police fail to abide by these rights, it could aid in your defence. For example, a robbery investigation may include searches of a suspect’s person or home. If the police either deliberately or inadvertently violated your Charter rights while conducting their searches, there may be a violation of your right to be free from unreasonable search and seizure. A successful argument could result in an exclusion of any seized evidence at trial, therefore making it difficult or impossible for the Crown to prove your guilt beyond a reasonable doubt.

It is important to remember that while the Crown must prove beyond a reasonable doubt that you committed the offence, you may bear some responsibility in raising certain defences at trial.

The availability and strength of any defence depend entirely on the specific facts of your case. Our lawyers have significant experience assessing the availability and strengths of potential defences in robbery cases, as well as presenting any and all available defences to the Court at trial. Even if you believe you will be found guilty, it is important that you obtain a legal opinion about the defences that may be available to you.

How can I help defend robbery charges in Toronto?

If you have been charged with robbery in Toronto, the following can help your lawyer build a strong defence:

• Provide your lawyer with a statement about what happened;
• Collect and maintain all documents and records about the event;
• Gather a list of witnesses that may support your version of events; and
• Log any relevant texts, emails, phone calls or photographic evidence.

What information is relevant will depend on the facts in your case. As soon as you are released on bail, you should start to gather any information that may be of use to your lawyer. If you are uncertain what information may be relevant, you should contact one of our lawyers immediately to create a plan of action for gathering information.

If you are truly proactive about the matter, consider doing the following:

• Secure proof of employment;
• Secure reference letters;
• Enroll in counselling (anger management/substance abuse/parenting);
• Secure a record of prescriptions; and
• Secure a record of any mental health conditions you suffer from.

These steps can be very helpful for building an effective defence (or convincing the Prosecutor to drop the charges altogether).

What can a lawyer do to help me defend against robbery charges in Toronto?

As we start preparing your defence by examining police actions and the evidence against you, there are certain defence strategies that can be used to aid your cause, including:

• Assembling documents, photographs, texts, etc. that contradict the allegation and support your defence;
• Gathering evidence from witnesses that support your version of events;
• Identifying mistakes in the actions of the police, such as Charter breaches;
• Uncovering administrative/systemic errors, such as “Jordan delay,” non-disclosure, lost or destroyed evidence, etc.; and
• Finding weaknesses or “holes” in the Crown’s case that may make it difficult or impossible for them to establish the elements of the offence.

What Next?

Robbery charges are complex, fact-specific, and can have serious consequences on your future.

We have tried our best to provide a general outline of what you can expect if you find yourself in this situation, but this is just the tip of the iceberg.

To learn more about how we can help, please contact our team of Robbery Lawyers. We will conduct a thorough review of your situation and tailor a precise strategy that targets your successful defence.