Robbery

343. Robbery – Every one who commits robbery

(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.

Robbery may be committed in a number of different ways, as illustrated in the section above.  Generally, robbery refers to a theft in which violence or threats of violence have been utilized. The crime is categorized strictly as an indictable offence.

The seriousness of the offence is reflected in Parliament’s decision to make life imprisonment an option for sentencing judges.  Where a firearm is used, a mandatory minimum period of imprisonment of four years applies for a first offence.  Where a restricted or prohibited weapon is used in the commission of the offence, the minimum period of imprisonment for a first offender increases to five years.

RECENT EXAMPLES

1) R. v. S.

Client wrongfully charged with planning the robbery of a fellow employee as she made the nightly bank deposit.  The offenders executed the robbery by jumping from the roof of the bank with faces masked.   Criminal lawyer Wade Jenson forcefully advocated his client’s innocence.  One week before trial, Crown convinced to enter a stay of proceedings. CHARGE DISMISSED.

2) R.  v. F.

Kelowna criminal lawyer Wade Jenson was retained by the family of a young man charged with the knifepoint robbery of a Kelowna gas station.  The store clerk recognized the accused from earlier dealings.  While the accused wished to plead guilty, the family knew he was in serious jeopardy of a federal prison sentence and required a respected Kelowna criminal lawyer.  Wade Jenson obtained for his client a CONDITIONAL SENTENCE, as noted by the Judge “a highly unusual result in these circumstances”, which allowed his client to remain at home and continue his employment.

3) R. v. R.

Accused charged along with a second individual with armed robbery and three counts of uttering threats.  The second individual retained Legal Aid counsel, plead guilty, and went to jail.  Criminal defence lawyer Wade Jenson was retained by the family of the man who had played the major role in the incident, including brandishing the knife involved.   Wade Jenson achieved for his client an ABSOLUTE DISCHARGE.  No jail, no probation, no record.