An effective criminal defence begins with a detailed review of the prosecution’s evidence. Our approach is tailored to the particular allegations, the available evidence, and the legal issues arising in the case.

1. Challenging Identification Evidence

Identification is often a central issue in robbery cases. The prosecution may rely on eyewitness accounts, surveillance recordings, photographic identification procedures, or other evidence to identify the person allegedly involved.

Identification evidence can be affected by poor lighting, limited viewing time, stress, disguises, the presence of a weapon, and other circumstances that may affect a witness’s ability to observe or remember events.

Our review may examine:

• Eyewitness accounts: Whether the witness had a reliable opportunity to observe the alleged perpetrator.

• Police identification procedures: Whether photographic lineups or other identification procedures were conducted fairly and reliably.

• Surveillance recordings: Whether image quality, camera angles, lighting, or other limitations affect the identification.

• Forensic evidence: Whether DNA, fingerprints, or other forensic evidence reliably connects the accused to the alleged offence.

• Digital and location evidence: Whether cell phone records or location data support the conclusions the Crown seeks to draw.

The purpose is to assess the reliability, admissibility, and weight of the evidence rather than simply accept the prosecution’s interpretation.

2. Examining Whether the Elements of Robbery Can Be Proven

The Crown must prove the essential elements of robbery beyond a reasonable doubt. We examine whether the evidence establishes the alleged theft and the required connection to violence, threats, assault, or a weapon.

Depending on the facts, relevant questions may include:

• Whether the evidence establishes the alleged taking of property and the required criminal intent.

• Whether the alleged conduct meets the legal definition of robbery.

• Whether the violence or threat was connected to the alleged theft in the manner required by law.

• Whether the evidence supports robbery or potentially points to a different offence.

A detailed examination of these issues can reveal weaknesses in the prosecution’s case and help determine the appropriate defence strategy.

3. Considering Duress and Other Available Defences

In some cases, an accused person may allege that they participated in an offence because they were threatened or coerced by another person.

The defence of duress is subject to specific legal requirements and limitations under Canadian law. Whether it is available depends on the nature of the threats, the circumstances of the alleged participation, and the applicable statutory and common-law rules.

Where the evidence supports considering duress, we assess the relevant circumstances and identify evidence that may help establish the defence.

Other defences may also be relevant depending on the case, including mistaken identity, lack of the required criminal intent, or reasonable doubt concerning an essential element of the offence.

4. Reviewing Police Conduct and Charter Rights

Police investigations must comply with the protections provided by the Canadian Charter of Rights and Freedoms and other applicable legal requirements.

Depending on the circumstances, we may review:

• Statements to police: Whether the accused’s rights to counsel were respected and whether statements were obtained lawfully and voluntarily.

• Searches and seizures: Whether searches of a person, residence, vehicle, or electronic device were legally authorized and properly conducted.

• Identification procedures: Whether police conduct affected the fairness or reliability of identification evidence.

• Electronic surveillance: Whether applicable legal authorization and procedural requirements were followed.

• Collection and handling of evidence: Whether there are issues concerning the integrity, reliability, or admissibility of evidence.

Where a Charter breach or other legal violation is established, the defence may seek an appropriate remedy, which can include an application to exclude evidence where the legal requirements are met.

5. Bail Hearings for Robbery Charges

Being charged with robbery can create significant challenges when seeking release from custody. The prosecution may raise concerns about public safety, the circumstances of the alleged offence, or the risk of failing to attend court.

A bail hearing requires careful preparation and consideration of the applicable legal framework.

Depending on the circumstances, a release plan may address:

• A suitable residence and proposed living arrangements.

• Employment, education, family, or community connections.

• Proposed sureties and their ability to supervise the accused, where appropriate.

• Proposed release conditions and measures addressing the court’s concerns.

• The evidence and legal factors relevant to the applicable test for release.

Certain robbery-related cases may be subject to a reverse-onus bail provision, meaning the accused must demonstrate why detention is not justified under the applicable law.

Lex Magnus Law can assess the circumstances of the case, explain the applicable bail process, and assist in preparing for a release hearing.

6. Sentencing Representation

If a guilty plea or conviction occurs, sentencing becomes a critical stage of the criminal process. The court considers the seriousness of the offence, the circumstances of the accused, the impact on the victim, and the relevant sentencing principles.

Sentencing advocacy may involve presenting evidence and submissions concerning:

• The accused’s personal history and circumstances.

• The individual’s role and level of responsibility in the offence.

• Relevant mitigating and aggravating factors.

• Rehabilitation efforts, treatment, education, employment, and community support.

• Restitution or other appropriate steps taken to address harm, where relevant.

• Gladue factors and an appropriate Gladue report for an Indigenous offender, where applicable.

• The legal availability and appropriateness of a proposed sentence.

Where appropriate, the defence may also examine constitutional issues concerning a mandatory minimum penalty or pursue discussions with the Crown about a potential resolution.

Every sentencing decision depends on the circumstances and applicable law. Our role is to present relevant evidence and legal submissions to assist the court in reaching a lawful and appropriate outcome.

Robbery allegations may be accompanied by additional criminal charges arising from the same incident. These charges can introduce further legal issues and potential penalties.

Depending on the circumstances, related allegations may include:

• Disguise with intent: Allegations involving a disguise used with the intention of committing an indictable offence.

• Weapons offences: Charges relating to possession, carrying, or use of a weapon, or to prohibited firearms.

• Forcible confinement: Allegations that a person was unlawfully confined or restrained during an incident.

• Conspiracy: Allegations that two or more people agreed to commit a criminal offence.

• Assault offences: Allegations involving the use or threatened use of force.

• Theft-related offences: Charges that may arise where the evidence does not establish all the elements of robbery.

When multiple charges arise from one incident, it is important to consider how the allegations, evidence, and potential defences interact. Lex Magnus Law can review the charges together and assess the legal issues affecting the overall case.