Robbery
Robbery is the offence, under section 343 of the Criminal Code, of theft accompanied by violence, threats, or the use of an offensive weapon. The offence is straight indictable with a maximum sentence of life imprisonment. Robbery is one of the most serious property offences in Canadian law — the addition of violence or weapon use elevates it well above ordinary theft.
Four pathways to robbery
Section 343 sets out four pathways: (a) stealing and, immediately before or after, using or threatening to use violence or force to extort the property or to prevent or overcome resistance; (b) stealing and, immediately before or after, wounding, beating, striking, or using personal violence; (c) assaulting with intent to steal; or (d) stealing while armed with an offensive weapon or imitation thereof. Any one pathway is sufficient.
Common scenarios
Recurring robbery patterns include: armed convenience-store and bank holdups; street robberies of cellphones, wallets, or other valuables; home invasions where occupants are present (often charged as robbery in addition to break and enter); carjackings; and incidents arising from drug-related disputes. Even minimal force or implied threats can elevate a theft to robbery.
Mens rea
Robbery is a specific-intent offence. The Crown must prove the intent to steal — to permanently deprive the owner of the property — along with the intent to use violence or threats in furtherance of the theft. Self-induced intoxication can negate specific intent in extreme cases, though the available defence is narrow.
Penalties
Sentences for robbery range widely depending on weapon involvement, harm caused, planning, and the accused's record. First-offender, low-end robberies without injury can attract 18-month to 3-year sentences. Sophisticated armed robberies of commercial premises commonly attract 5-10 year sentences. Firearm-involved robberies historically triggered mandatory minimums (5 to 7 years), though the Supreme Court has struck down some of these provisions as unconstitutional in cases such as R v Hilbach, 2023. Home invasion is a significant aggravating factor under section 348.1.
Ancillary orders
Robbery convictions trigger several ancillary orders: mandatory DNA orders for primary designated offences; mandatory weapons prohibitions under section 109; restitution orders where applicable; and immigration consequences for non-citizens (robbery is captured under serious criminality in IRPA). Robbery is a primary designated offence for DNA purposes.
Defences
Defences include: identification challenges (eyewitness reliability, video quality, lineup procedures); lack of intent to steal (the accused believed they had a colour of right to the property); the absence of force or threats (the conduct fell short of robbery); duress; and Charter challenges to the investigation. Mass Tsang's criminal lawyers handle robbery files across the GTA. For more, see our blog post on robbery charges in Ontario.
Related glossary terms
