What Are The Potential Defences For Robbery?
Factual Innocence: Failure of the Crown to prove every essential element of the specific offence beyond a reasonable doubt.
Involuntary Intoxication: The involuntary consumption of alcohol or drugs may negate the mental element of the accused's actions. The accused cannot have taken the substance voluntarily to invoke this defence.
Violation of Charter Rights: Under the Canadian Charter of Rights and Freedoms, individuals are afforded specific rights, including:
- the right against unreasonable search and seizure;
- the right to not be arbitrarily detained;
- the right to be informed promptly of the reasons for arrest;
- the right to retain and instruct counsel without delay; and
- the right to be tried within a reasonable time.
A successful Charter challenge may also result in a stay of proceedings, or evidence from your case being excluded.