Attempted Robbery Charges in Ontario

The short answer

Attempted robbery applies when someone goes beyond preparing for a robbery but does not complete it. It carries a maximum of 14 years in prison. However, be careful with the label: an assault with intent to steal is already a full robbery, even if nothing is taken. Many attempted robbery cases turn on whether the person really took a step toward the robbery, or only thought about it or prepared for it.

Robbery or attempted robbery?

• Robbery: This applies if you assaulted someone with intent to steal, even if you took nothing (s. 343(c)).
• Attempted robbery: This applies if you went beyond mere preparation but did not complete the offence (s. 463).

Planning a robbery, or buying a mask, may not be enough on its own. The key question is whether you took a real step toward committing the robbery.

What the Crown must prove

Preparation versus an attempt

The line between preparation and an attempt is not always easy to draw. Courts look at how close the conduct came to the actual robbery, both in time and in the steps that remained. For example, buying a disguise days before may be preparation, while approaching a victim with a weapon and starting a demand is likely an attempt. Each case depends on its own facts.

Penalties

• Attempted robbery: The maximum is 14 years, and the charge can only be prosecuted by indictment.
• Robbery, including assault with intent to steal: The maximum is life.

A discharge is not available, because the maximum is 14 years. Attempts are often charged together with possession of a weapon for a dangerous purpose or disguise with intent. See weapon possession.

Common situations

• An early arrest: A person is arrested before any threat or demand, such as when entering a store with a hidden weapon.
• An interrupted plan: A person follows someone to rob them but is interrupted.
• A marketplace meeting: An online sale meeting is allegedly set up as a robbery.
• Leaving before a demand: A person enters with a disguise and weapon, then leaves before making any demand.

Video, messages and witness accounts often decide these cases.

What happens after you are charged

1. Bail hearing: You may be held for a bail hearing, and a firearm allegation creates a reverse onus.
2. Disclosure: The Crown provides video, messages and witness statements that it says show your intent.
3. Your election: Because the maximum is 14 years, you can choose your trial court and ask for a preliminary inquiry (s. 535).
4. Resolution or trial: Some cases resolve through a plea to a lesser offence, such as weapon possession, while others go to trial on intent.

Bail and sentencing

Bail and sentencing follow the same principles as robbery, but with a lower maximum. If a firearm was involved, attempted robbery can carry a reverse onus at bail. See our bail hearings page and robbery sentences.

Possible defences

• No intent to steal: The incident was a fight, a misunderstanding or something other than a planned theft.
• Only preparation: The conduct did not go beyond preparing for a robbery.
• Identification: The person seen on video or by witnesses was not you.
• Evidence issues: There are gaps or contradictions about what was said or done, and when.

Effects beyond the sentence

Because attempted robbery carries a maximum of 14 years, a conviction can make a permanent resident inadmissible for serious criminality. An attempt to commit robbery is also a primary designated offence for DNA purposes, so a DNA order is usually made. A conviction can also affect employment and travel to the United States.

Release conditions

People released on an attempted robbery charge often receive strict conditions. These can include a curfew, no contact with the complainant or co-accused, no weapons and staying away from certain places. Follow every condition exactly, because a breach is a new offence and can make bail harder later.

What to do now

• Do not give a statement to police before you receive legal advice.
• Do not contact the complainant, witnesses or co-accused.
• Keep any messages that show the real reason for a meeting or trip.
• If you are held, start preparing a release plan with a surety.

The evidence in a typical case

The Crown's evidence often includes video of the person approaching or entering a place, messages showing a plan, items such as masks or weapons found on the person, and statements from witnesses who saw what happened. Because intent is central, the Crown often relies on the whole sequence of events rather than a single moment.

Attempt or conspiracy?

An attempt and a conspiracy are different offences. An attempt requires a step beyond preparation by the person charged. A conspiracy requires an agreement between two or more people to commit an offence, even if no step is taken. Both can be charged on the same facts, but each has its own elements that the Crown must prove.

Possible outcomes

How we can help

We can test whether the evidence really shows an attempt, rather than preparation or a different offence. Call (647) 223-1980 for a free consultation.

Frequently asked questions