Obtaining Bail Pending Appeal in Criminal Cases

Osgoode HallOne of the most important beginning steps in a criminal appeal, where the client has been given a jail sentence, is to seek bail pending appeal. This article seeks to proivide information about the bail process for criminal appeals in Toronto, Ontario. Please follow the links for further information about the criminal appeal process or appeals initiated by the crown attorney. Those requiring assistance with an appeal related issue should immedialty consult with a criminal appeal lawyer for advice.

Frequently asked questions about bail pending appeal in criminal cases:

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Increased Sentences for Sex Crimes Against Children

Man in JailIn R v. D.M., a ruling released earlier today, the Ontario Court of Appeal allowed the Crown’s appeal to increase the sentence from three years to seven for an offender convicted of repeatedly sexually assaulting his teenaged niece more than 100 times over a three-year period while holding a position of trust over her.

This ruling follows on the heels of R. v. P.M., another appeal case where a sentence of six years for a similar crime was upheld by the Court of Appeal. In both cases, the Court has signalled that sexual crimes against children will warrant very high penitentiary terms. (more…)

The Family Law Consequences of a Criminal Domestic Violence Conviction

family law caseSadly, domestic disputes are quite common in our society.  Whether the accusations of domestic violence are true or not, the consequences of such allegations can wreak havoc on a family’s dynamics for years to come.

Daniel Brown works closely with a group of trusted family law lawyers to ensure that his clients interests are protected both in the criminal courts as well as the family courts.

In the article below, Toronto family law lawyer, Andrew Feldstein, provides insight into how a criminal charge or conviction for a domestic violence related crime can affect a person’s rights in family court: (more…)

Explaining Peace Bonds in Criminal Cases

lizza-document-HP-290_optA peace bond is a court order imposed by a judge in a criminal proceeding. Agreeing to a peace bond or having one imposed on you can have significant legal consequences. The following article attempts to explain  the law surrounding peace bonds in Canadian criminal cases.

Frequently asked questions about peace bonds:

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Sealing Canadian Youth Court Criminal Records

young offender arrest

It is a common misconception that a Canadian criminal record acquired while a person is under the age of 18 years old will be sealed as soon as the youth turns 18.  In fact, a youth court criminal record may continue to exist well beyond the age of 18 years and on occasion can remain open and accessible to the public indefinitely. The following article attempts to outline the circumstances surrounding when a youth record becomes permanently sealed. For more information on youth court cases, please read my article on “Young Offender Cases(more…)

Trafficking Cocaine, Marijuana or Other Drugs

drug trafficking

It is a crime in Canada to traffic in a drug prohibited by the (CDSA) . Illegal Drugs prohibited by the CDSA include cocaine, marijuana, ecstasy, heroin, ketamine, oxycodone, GHB and a slew of other narcotics.

If you or someone you know if facing an allegation of drug trafficking, it is important to consult with a lawyer right away to discuss possible defences to the charge. For more information on drug trafficking, Daniel Brown can be contacted at (416) 297-7200. Otherwise, feel free to read the following frequently asked questions about drug trafficking charges in Canada. For information about other drug offences, read my articles on drug possession chargesdrug importing or marijuana grow-operations. (more…)

Marijuana Production and Cultivation Charges

marijuana plantIt is a criminal offence in Canada to produce marijuana or other illegal drugs prohibited by the Controlled Drugs and Substances Act (CDSA).

The charge of producing marijuana, whether it involves an indoor or an outdoor grow operation, is a very serious allegation.  Penalties for this type of offense often include a period of jail time even for unsophisticated grow operations. (more…)

Defending Robbery Charges in Toronto

Robbery Lawyer Toronto

robbery arrestExperienced Robbery Defence Lawyers at Daniel Brown Law

At Daniel Brown Law, our team of criminal defence lawyers focuses exclusively on criminal law. Daniel Brown, a certified specialist in criminal law, has defended numerous robbery allegations before both judges and juries across Ontario. Our firm is consistently recognized among the Top 10 Criminal Law Boutiques in Canada, and media outlets regularly seek Daniel’s insight on serious criminal cases.

If you are charged with robbery or armed robbery including Toronto, Brampton, Oshawa, Newmarket, Milton, or elsewhere in Ontario, we can provide the immediate and strategic defence required to protect your freedom and future. Call us at (416) 297-7200 for a confidential consultation.


Understanding Robbery Charges in Toronto, Ontario

What Is Robbery?

Section 343 of the Criminal Code of Canada defines robbery as an offence that combines elements of theft and violence. A robbery occurs when a person:

  • Steals from another while using violence or threats of violence toward them or their property;

  • Assaults someone with intent to steal; or

  • Steals from a person while armed with a real or imitation weapon.

Unlike ordinary theft, robbery always involves violence, threats, or weapons. For more about theft, visit our page on Toronto theft lawyer services.

What Level of Violence Is Required?

Courts recognize a broad range of actions as “violence” for robbery. For example:

  • Striking, wounding, or beating the victim during a theft;

  • Holding a person’s arms to prevent resistance;

  • Using personal force immediately before or after a theft.

The violence need not cause physical harm, but it must be substantial. On the other hand, a minor technical assault, such as nudging or bumping, may not meet the definition.

A person may also be guilty of robbery if they steal while armed with an offensive weapon or imitation weapon. The weapon does not need to be used or even brandished—mere possession during the theft is sufficient.

What Counts as a Threat of Violence?

Whether words or actions amount to a “threat of violence” depends on the circumstances. Courts consider:

  • The words spoken and how they were delivered;

  • The accused’s appearance and demeanor;

  • The time, place, and manner of the entry into premises.

Even implied threats can elevate a theft to robbery.

Can I Be Convicted of a Lesser Offence Instead?

Yes. Because robbery requires proof of both a theft and an assault (or threat), a court may convict you of theft alone or assault alone if the Crown fails to prove one of the elements. Learn more about these offences on our pages for assault defence and theft defence.

Penalties for Robbery and Armed Robbery

Maximum and Minimum Sentences

  • Robbery (general): Maximum punishment is life imprisonment.

  • Robbery with a firearm: Minimum sentence of four years in a penitentiary.

  • Robbery with an imitation firearm: Minimum sentence of one year in jail.

Robbery and Organized Crime

If the robbery involves a restricted or prohibited firearm and is connected to a criminal organization, penalties increase:

  • First offence: Minimum of five years in jail.

  • Second or subsequent offence: Minimum of seven years in jail.

Consequences of a Robbery Conviction

A robbery conviction goes far beyond jail time. Collateral consequences can include:

  • Job loss and disqualification from certain professions

  • Immigration problems, including possible deportation for non-citizens

  • Denial of entry into the United States and other countries

  • Lasting stigma of a criminal record stored in the national CPIC database

  • Media coverage of the conviction, damaging personal reputation

For more on collateral impacts, see our page on criminal records in Canada.

Additional Related Topics

Common Defences to Robbery

Defending a robbery charge requires a careful review of the evidence. Possible strategies include:

  • Identity defence: Challenging whether the accused was the perpetrator.

  • No intent: Showing the accused did not intend to use violence or threats.

  • Lack of evidence: Exposing weaknesses in witness testimony or surveillance footage.

  • Charter rights breaches: Excluding evidence obtained through unlawful searches or detentions.

Robbery vs. Theft

Understanding the difference is critical. Theft involves taking property without consent, while robbery elevates theft by involving violence, threats, or weapons.

Youth Charged with Robbery

Young persons face robbery charges under the Youth Criminal Justice Act (YCJA). While youth sentences may be shorter, the stigma and collateral consequences remain significant.

Bail and Robbery Charges

Because robbery is considered a violent offence, obtaining bail can be challenging. Our lawyers regularly argue bail hearings for robbery charges in Toronto courts. Learn more on our page about Toronto bail hearings.

Contact Daniel Brown Law

Robbery charges are among the most serious offences in Canadian criminal law. A conviction can lead to life-altering consequences, including imprisonment and permanent damage to your future.

At Daniel Brown Law, we combine proven courtroom advocacy with strategic legal advice to deliver strong defences against robbery charges. Call us today at (416) 297-7200 to arrange a confidential consultation with an experienced Toronto robbery lawyer.