Armed robbery is an extremely serious indictable offence in Canada. If convicted in London, you face severe penitentiary time, including a mandatory minimum sentence of 4 to 5 years if a restricted firearm was used. Securing bail and building a robust defence immediately is critical.
A charge of armed robbery completely changes the trajectory of your life. The Canadian justice system treats violence combined with theft as one of the most severe crimes in the Criminal Code. If the London Police Service arrests you for holding up a convenience store, a bank, or even another person on the street while armed, the Crown Attorney will aggressively pursue federal prison time.
Unlike minor thefts, armed robbery cannot be resolved with a slap on the wrist. You will likely be held at the Elgin-Middlesex Detention Centre (EMDC) immediately upon arrest. Defending against these allegations requires a highly experienced criminal defence lawyer who understands the intricacies of the Superior Court of Justice.
Step-by-Step Process in London
Facing a strictly indictable offence means you are in for a long, complex legal battle. The stakes are as high as they get, and the procedures are rigorous. 📋
Step 1: The Arrest and EMDC Custody
Upon arrest for armed robbery, you will not be released by the police from the station. You will be transported to the Elgin-Middlesex Detention Centre (EMDC) to await a formal bail hearing. Given the violence associated with the charge, the Crown will almost always contest your release, citing you as a danger to the public.
Step 2: A Complex Bail Hearing
Securing release requires a massive effort. Your law firm must present a rock-solid bail plan to the justice of the peace at the Dundas Street courthouse. This usually requires multiple sureties (family members who will supervise you) and a pledge of thousands of dollars. You may also be placed under strict house arrest or GPS ankle monitoring if released.
Step 3: Preliminary Inquiry
Because armed robbery is a severe indictable offence, you have the right to elect trial by a judge and jury at the Superior Court of Justice. Before the actual trial, your lawyer can request a preliminary inquiry. This is a mini-hearing where your lawyer cross-examines the Crown’s key witnesses to test the strength of the evidence before the main trial. 🔍
Step 4: Superior Court Trial
At trial, the Crown must prove beyond a reasonable doubt that you committed the theft and that you used a weapon (or threatened violence) during the act. Your defence may rely on challenging the identity of the robber (alibi), contesting the validity of police search warrants, or arguing that the “weapon” did not meet the legal definition.
Understanding Mandatory Minimum Sentences
The type of weapon used drastically impacts the potential sentence. Under the Criminal Code, specific weapons trigger mandatory minimums:
| Weapon Used in Robbery | Mandatory Minimum Sentence | Maximum Sentence |
|---|---|---|
| No Weapon (Threats/Violence only) | No mandatory minimum | Life imprisonment |
| Imitation Firearm / Knife | No mandatory minimum (but heavily penalized) | Life imprisonment |
| Non-Restricted Firearm (Rifle) | 4 years in federal prison | Life imprisonment |
| Restricted Firearm (Handgun) | 5 years in federal prison (for first offence) | Life imprisonment |
How Much Does it Cost in London?
Defending an armed robbery charge is a massive financial undertaking because it often requires years of complex litigation. Expect these costs in Canadian dollars (CAD):
- Contested Bail Hearing: A serious Superior Court bail hearing generally costs between $3,000 and $6,000 CAD.
- Preliminary Inquiry: Preparing for and executing a preliminary hearing will typically cost an additional $5,000 to $10,000 CAD.
- Superior Court Trial: Running a multi-day judge and jury trial for armed robbery is incredibly resource-intensive. Total legal fees easily range from $20,000 to $50,000+ CAD.
How Long Does the Process Take?
Cases of this magnitude move slowly due to the sheer volume of evidence, forensic reports, and court scheduling. Securing disclosure and finishing a preliminary inquiry will take the first 10 to 14 months. If the case proceeds to a full trial at the Superior Court of Justice, you can expect the entire process to take between 18 and 30 months. Under the Supreme Court’s “Jordan decision,” 30 months is the maximum allowable time before the delay is considered unconstitutional. ⏱
Frequently Asked Questions (FAQ)
What if the gun was not real?
Using a toy gun or an imitation firearm still qualifies as armed robbery in Canada. However, using a fake gun means you may avoid the strict mandatory minimum sentences associated with real, restricted firearms.
Can the charges be reduced to regular theft?
If the Crown’s evidence is weak regarding the use of a weapon or threats of violence, a skilled lawyer might negotiate a plea deal down to simple theft or assault, drastically reducing the potential prison time.
Will I definitely go to federal prison?
If convicted of armed robbery with a restricted firearm, yes, you will go to a federal penitentiary because sentences over two years are served federally. For knife robberies without extensive criminal records, provincial jail time is sometimes possible.
What is “party to the offence”?
If you were just the getaway driver and did not enter the store or hold the weapon, you can still be charged with armed robbery as a “party to the offence.” You are held equally responsible for the crime under Canadian law.
Leave a Reply