Brian Ross, Toronto Criminal Defence Lawyer

ROBBERY

What follows is a brief summary of the law. While it is not, and should not be relied upon as legal advice, it may assist you with some of the questions you might have. As always, consult a criminal lawyer should you need criminal advice.

Brian Ross is a founding partner at Canada’s largest criminal Law firm, Rusonik, O’Connor, Ross, Hershberg, Ghebrai & MacDonald LLP.

THE OFFENCE

Robbery and robbery related offences are listed in the Criminal Code of Canada:
http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html. The offence of robbery is reproduced here:

343. Every one commits robbery who
(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.

The Crown can establish that a robbery had been committed if it can prove that: (a) the defendant stole something from the complainant, (b) violence or threats of violence were used, and (c) the violence was for the purpose of carrying out the stealing. To “steal” means to take and move something that does not belong to you and to which you have no legal right. The use of violence (or threat), must be for the purpose of obtaining whatever is stolen, to prevent resistance to the stealing, or to overcome resistance to the stealing.

PENALTY

The maximum penalty available if found guilty of robbery is life imprisonment. Having said that, there are many factors that determine sentence, including whether or not a firearm was used in the commission of the offence.

There are numerous ways to defend against robbery charges and I have successfully defended people against them numerous times – please refer to my Recent Successes page.

Again, the foregoing is only a summary. It is not legal advice and should not be relied upon as such. For a consultation to discuss your case, please call me at 416-658-5855.

RECENT SUCCESSES

Robbery

Client found “not guilty” of all charges by jury.

R. v. A.E.

Three individuals attended at a party and held up the people there. The people were robbed of their money and jewellery. It was alleged that A.E. was one of the three individuals and he was charged with Robbery with a Firearm, Disguise with Intent, Point Firearm and several other offences. The sole issue in this case was the identity of the “robbers”.

Found “not guilty” of all charges after trial.

R. v. L.G.

It was alleged that the client and others approached an individual at a mall and robbed him of his property. It was also alleged that weapons were involved. Client’s position was that he was not involved.

Client discharged after preliminary hearing.

R. v. A.F.

Client charged with Robbery and Fail to Comply with Probation. It was alleged that the client and others robbed and beat a man in an apartment lobby. The robbery was captured on video. Despite this, client claimed he was not involved.

Charges withdrawn after discussions with the Crown Attorney.

R. v. A.M.

Client charged with Robbery and Possession of Prohibited Weapon. It was alleged that while at school, the client cornered the complainant in the stairwell, brandished a knife, and took the complainant’s property.

All charges stayed by a judge at the Superior Court of Justice.

R. v. R.P.

Client charged with a “home invasion” (Robbery with a Firearm, Break and Enter, Possession of a Firearm; sawed off shotgun). It was alleged that the client broke into a home and robbed the owner. Police were called and allegedly found the client in possession of a sawed off shotgun. It was alleged that the client’s Charter rights were violated.

Client found “not guilty” of all charges after trial.

R. v. S.A.

Client charged with two counts of Robbery with a Firearm, Disguise with Intent and various other firearm related offences. It was alleged that when the police attended at the client’s home to arrest him, a firearm was found.

All charges stayed after a contested preliminary hearing.

R. v. A.M.

Client charged with Robbery, Forcible Confinement, Assault, and Use Firearm in the Commission of an Offence. It was alleged that this was a “home invasion” where client and another male entered into a home and taped up the individuals and robbed them.

Charge withdrawn.

R. v. B.G.

Client charged with Robbery. Client allegedly robbed the complainant and fought the complainant when there was an attempt to recover the money.

Charges withdrawn by Crown Attorney.

R. v. M.O.

Client charged with Robbery, Forcible Entry, Break and Enter with Intent, Assault. Client charged after he allegedly broke into the complainant’s home and pulled out a firearm. Complainant alleged that he was beaten as client stole his property.

Charge withdrawn after discussions with the Crown Attorney

R. v. A.M.

Client charged with Robbery. A courier dropped off a package at the client’s home and claimed that the client robbed her at that time. The client adamantly denied this.

Brian Ross is professional, straightforward, and honest. After we reviewed my case I didn't have high hopes for a positive outcome because there really wasn't much for him to work with. However, come court date, charges were withdrawn!! It had all happened so fast. I am so grateful for Brian Ross and his team. He didn't give up on my case and he definitely made lemonade out of like a 1/4 of a lemon. I would 100% use their services again - hopefully I won't have too.

Kate Rice

Money well spent! With all the issues with my case Brian gave me hope. I would definitely recommend spending the cash to hire Brian as he is an amazing lawyer. Watching him work I knew I had great chances. I feel like I have a new lease of life now with this behind me. All charges dropped which I could not imagine. Thank you to you and your team on helping me with this. Best lawyer in the city!!!

Jan Lane

I had a great experience hiring Brian for my case. From the beginning he was very direct and honest. He was confident in his prediction and his prediction was correct. Brian did an incredible job. He is highly knowledgeable in his field. He was thorough and very well experienced. I do highly recommend Brian!!

Anita Wong

As a young professional, the weight of a conviction was staggering, and would have greatly affected my ability to work in my chosen profession. Hiring Mr. Ross was the best way to guarantee against such effects. Throughout, Brian was present, helpful, positive, and supportive; hard-working and diligent. It was truly a pleasure to work with him, and a relief to get the call that Mr. Ross had accomplished what he initially set out to do. Consider this a sincere “Thank You” and commendation.

Kylie S

Selected for the 2022, 2023, and 2024 editions of the Best Lawyers in Canada

Inclusion in the Best Lawyers in Canada is based on a rigorous peer-review survey. Recognition by Best Lawyers symbolizes excellence in practice and specifically, high calibre work in criminal defence.

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A criminal record can have lifelong ramifications. Don't take a chance with an inexperienced defence lawyer. I will fight to get your life back as I have done with countless others before you.

(416) 658-5855

Brian Ross, Toronto Criminal Defence Lawyer

ROBBERY

Brian Ross is a founding partner at Canada’s largest criminal Law firm, Rusonik, O’Connor, Ross, Hershberg, Ghebrai & MacDonald LLP.

THE OFFENCE

PENALTY

RECENT SUCCESSES

Robbery

Client found “not guilty” of all charges by jury.

R. v. A.E.

Found “not guilty” of all charges after trial.

R. v. L.G.

Client discharged after preliminary hearing.

R. v. A.F.

Charges withdrawn after discussions with the Crown Attorney.

R. v. A.M.

All charges stayed by a judge at the Superior Court of Justice.

R. v. R.P.

Client found “not guilty” of all charges after trial.

R. v. S.A.

All charges stayed after a contested preliminary hearing.

R. v. A.M.

Charge withdrawn.

R. v. B.G.

Charges withdrawn by Crown Attorney.

R. v. M.O.

Charge withdrawn after discussions with the Crown Attorney

R. v. A.M.

Selected for the 2022, 2023, and 2024 editions of the Best Lawyers in Canada

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