Robbery is a strictly indictable offence in Canada that carries severe penalties, especially if a firearm is used. Defending against these charges in Hamilton often involves challenging the Crown’s eyewitness identification evidence and ensuring your Charter rights were not violated by police.
Robbery is one of the most heavily prosecuted crimes in the Canadian justice system. Unlike simple theft, robbery involves taking property while using violence, the threat of violence, or a weapon. If a firearm is involved, an armed robbery charge triggers mandatory minimum sentences under the Criminal Code that guarantee years in federal prison.
Being accused of robbery by the Hamilton Police Service can shatter your reputation and threaten your freedom. However, an arrest is far from a conviction. Because the consequences are so severe, the Crown Attorney must prove every element of the offence beyond a reasonable doubt. A strategic defence is critical.
Step-by-Step Defence Strategy in Hamilton, Ontario
Defending an armed robbery charge is complex and typically requires a preliminary inquiry followed by a trial at the Superior Court of Justice. Your criminal defence lawyer will execute a multi-layered strategy.
Step 1: Scrutinizing the Crown Disclosure
Your lawyer will demand complete disclosure from the Crown. This includes police notes, 911 audio tapes, and forensic reports. In robbery cases, CCTV footage from the Hamilton store or bank is often the centerpiece of the prosecution. Your defence team will analyze this video frame-by-frame to look for weaknesses.
Step 2: Challenging Eyewitness Identification
Robberies are chaotic, fast-paced events. Victims are often terrified, which heavily skews their memory. “Mistaken identity” is one of the strongest defences in a robbery trial. Your lawyer will cross-examine witnesses to highlight inconsistencies in their descriptions of the suspect’s height, clothing, or facial features.
Step 3: Filing Charter Applications
If the Hamilton Police violated your rights during the investigation—such as conducting an illegal search of your vehicle, or failing to let you speak to a lawyer promptly—your defence counsel will file an application under the Canadian Charter of Rights and Freedoms. If successful, vital evidence (like the stolen money or weapon) can be completely thrown out of court.
Understanding the Difference Between Theft and Robbery
The severity of your charge entirely depends on how the alleged crime unfolded. Sometimes, a skilled lawyer can negotiate a robbery charge down to a lesser offence.
| Offence Type | Key Legal Definition |
|---|---|
| Theft Under / Over $5,000 | Taking someone’s property without their consent, peacefully and without threats (e.g., shoplifting from a Hamilton mall). |
| Robbery (Unarmed) | Stealing while using physical violence or threats to overcome resistance (e.g., a “mugging” or street robbery). |
| Armed Robbery | Committing a robbery while carrying, using, or threatening to use a weapon or imitation weapon (like a fake gun). |
How Much Does it Cost in Hamilton?
Defending against an indictable offence that carries federal prison time requires a massive commitment of legal resources.
- Lawyer Fees: High-stakes robbery trials are expensive. Most senior Hamilton criminal lawyers will charge flat fees ranging from $10,000 to $25,000+ CAD to take a serious armed robbery case through a preliminary inquiry and a Superior Court trial.
- Private Investigators: Your lawyer may need to hire a local investigator to find alibi witnesses or gather alternative security footage. This can cost an additional $1,500 to $3,000 CAD.
- Bail Hearing Costs: Securing bail for armed robbery is extremely difficult. A contested bail hearing with a lawyer typically costs between $1,500 and $3,500 CAD.
How Long Does the Process Take?
Because robbery is a strictly indictable offence, the timeline is lengthy. If you choose to have a preliminary inquiry and a trial by jury, the process at the John Sopinka Courthouse can take anywhere from 18 to 30 months. Under Canadian law (the Jordan decision), Superior Court matters must generally be concluded within 30 months, or the charges may be stayed due to unreasonable delay.
Frequently Asked Questions (FAQ)
Is there a mandatory minimum sentence for robbery in Canada?
It depends on the weapon. An unarmed robbery has no mandatory minimum. However, if a restricted or prohibited firearm was used, the Criminal Code mandates a minimum sentence of 4 to 5 years in federal prison for a first offence.
Can I be charged if I only drove the getaway car?
Yes. Under the concept of “Party to an Offence” in the Criminal Code, anyone who knowingly aids or abets a crime can be charged with the main offence. A getaway driver faces the exact same robbery charges as the person who entered the building.
What if the gun used was actually a plastic toy?
Using an imitation firearm or a toy gun still counts as armed robbery in Canada. The law focuses on the psychological terror inflicted on the victim, who had no way of knowing the weapon was fake.
Will I be denied bail for a robbery charge?
Bail is often contested by the Crown in robbery cases, especially if a weapon was used or if you have a prior criminal record. You will likely need a very strong “surety” (a family member willing to pledge money and supervise you) to be released.
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