The offence of robbery falls within section 343 of the Canadian Criminal Code. Robbery is committed when a person steals and uses violence or threats of violence to carry out this act, including the use of weapons or imitations thereof.
The main defence strategy for an accused is to have a competent, knowledgeable, and dedicated criminal defence lawyer who can prove their innocence beyond a reasonable doubt. To be convicted of robbery, the Crown must prove that the accused is guilty beyond a reasonable doubt. The accused enters the criminal proceeding presumed to be innocent and that presumption of innocence remains throughout the entire case until the Crown can prove the accused is guilty. The job of the defence lawyer is to leave the judge or jury with reasonable doubt as to the evidence presented by the Crown. Where the judge or jury believes that the accused is probably or likely guilty, the Crown would have failed to prove that the accused committed the said offence. Such results would lead to an acquittal.
Another plausible defence is that of common law Duress. Robbery under duress occurs when the accused commits an offence under compulsion, threats of death or harm. Common law defence requires the accused to lack escape and a strong belief in threats. The right l defence lawyer would challenge the intent element by proving that the accused acted involuntarily. Likewise, proof of intoxication helps leave the
judge or jury with reasonable doubt over whether the accused formed the required intent to commit robbery.
The entrapment defence allows the accused to commit offences without reasonable suspicion or induce robbery by a state agent. Proof of entrapment results in the stay of proceedings, that is, the termination of your criminal prosecution.
If convicted of robbery, you could be facing a sentence from five years to imprisonment for life. A criminal defence attorney will challenge whether you formed the right men’s rea, indicating intent to commit the offence. Kisel Law prioritizes individual liberty, defending rights, and hearing their stories, not just files. Contact us at (647) 968-4075 to get working on your defence!
