Robbery Defences and Identification Evidence

The short answer

Many robbery cases come down to one question: was it really you? Robberies usually happen quickly and under stress, often with masks or hoods. Eyewitness identification is a common cause of wrongful convictions, and courts approach it with great caution. Beyond identification, a robbery charge can also be defended on intent, the use of force, colour of right, self-defence and Charter grounds.

Identification evidence

When deciding whether an identification is reliable, courts look closely at several factors:

• Viewing time and distance: How long the witness saw the person, and from how far away.
• Lighting: Whether the scene was well lit or dark.
• Weapon focus: Whether a weapon drew the witness's attention away from the face.
• Disguises: Whether the person wore a mask, hood or hat.
• The description: How soon the witness gave a description, and whether it actually matches you.

Lineups must be fair. Showing a witness only your photo is especially unreliable, because it suggests to the witness who police believe is responsible.

Why confident witnesses can still be wrong

A witness who is sure of an identification is not necessarily accurate. Confidence can grow over time, especially after a witness sees a suspect's photo in the media or hears details from police or other witnesses. For this reason, courts focus on the conditions under which the person was first seen, and on the first description given, rather than on how certain the witness feels at trial.

Video and digital evidence

• The full video: Your lawyer should obtain the full footage, not just the clip police selected.
• Timestamps and angles: Camera clocks are often wrong, and angles can distort height and build.
• Identifiable features: The person shown must be clearly identifiable, not just similar in clothing.
• Phone and location records: These records may place you somewhere else at the time.

For example, a blurry video of a person in a black hoodie may fit hundreds of people. Phone records showing you across town at that time may be stronger evidence than the video.

Other robbery defences

• No intent to steal: The event was a fight, a debt dispute or a misunderstanding.
• Colour of right: You honestly believed the property was yours.
• No violence, threat or weapon: The charge may be reduced to theft or assault. See robbery vs theft.
• Self-defence: Force used to protect yourself may be justified under s. 34 if it was reasonable in the circumstances.
• Alibi: If you were elsewhere, tell the Crown early enough for the alibi to be checked.

Party liability and group robberies

When several people are involved, the Crown may charge everyone who was present. However, a person is guilty as a party only if they committed the robbery, or knowingly helped or encouraged it. Simply being present, or being friends with the people involved, is not enough. In group cases, each person's actions must be examined separately.

Charter issues

• Unlawful arrest or detention: Police need legal grounds to arrest or detain you.
• Unlawful searches: Searches of your home, car or phone must be lawful.
• Right to counsel: Police must tell you about your right to a lawyer and let you use it.
• Statements: Statements given without proper rights, or not given voluntarily, may be excluded.

How alibi evidence works

If your defence is that you were somewhere else, the alibi should be disclosed to the Crown early enough, and with enough detail, for police to check it. An alibi disclosed for the first time at trial may be given less weight. Your lawyer can decide the right timing and gather supporting evidence, such as receipts, phone records, video or witnesses.

What happens after you are charged

1. Bail: You may be held for a bail hearing, and a firearm allegation creates a reverse onus.
2. Disclosure: The Crown provides video, witness statements, lineup records and phone evidence.
3. Investigation: Your lawyer reviews how the identification was made and looks for evidence that supports your account.
4. Resolution or trial: Many cases with weak identification are withdrawn or end in acquittal.

Disclosure in identification cases

The defence is entitled to the evidence about how an identification was made. That includes the first description the witness gave, any photo lineup and how it was run, and notes about what police told the witness. Missing or incomplete records can weaken the Crown's case. Your lawyer can ask for any records that were not provided.

What to do now

• Get legal advice before speaking to police.
• Write down where you were and who you were with at the time.
• Keep receipts, messages and location data from that day.
• Do not contact witnesses or the complainant, directly or through others.

Recognition evidence

Sometimes a witness says they recognized the person because they already knew them, such as a neighbour or former classmate. Recognition evidence can be stronger than identification of a stranger, but it still needs care. Courts look at how well the witness knew the person, how long they saw them and whether anything blocked their view.

Statements to police

Many people try to explain themselves to police after a robbery arrest. Those statements can be used to prove identity or to challenge your account at trial. A statement must be voluntary to be used, and the Crown must prove that beyond a reasonable doubt. It is usually safer to ask for a lawyer and stay silent.

Possible outcomes

How we can help

We can obtain the full video and records, test the identification evidence and present an alibi properly. Call (647) 223-1980 for a free consultation.

Frequently asked questions