The criminal offence of robbery is defined in Section 344 of the Criminal Code of Canada. It is a crime where one person steals property from another person, while using violence or the threat of violence. It is important to note robbery is not theft because robbery has the added element of the use of, or threat of using violence against another in order to steal the property.
In some robbery cases, there are circumstances where various factors are considered to be “aggravating.” The Crown will examine these factors and take them into consideration when filing charges against the accused. Some of the more common factors which are considered “aggravating,” include whether the victim was either injured or killed, what form of weapon was used to commit the crime, where the crime was committed, and whether there were any bystanders, who were either injured or killed.
It should be noted if either the victim or any bystanders were killed during the commission of robbery, the Crown can seek a first-degree murder charge. Further, any robbery, where a firearm was used to commit the robbery, including air pistols, it is considered armed robbery. If you are found guilty of armed robbery, you will be imprisoned for a minimum of four years.
