Robbery Sentences in Canada

The short answer

Robbery carries a maximum sentence of life in prison. Most robberies have no minimum sentence, but jail is common, especially where there was violence, a weapon or a vulnerable victim. A discharge is not available for robbery. Because the range of possible sentences is so wide, the preparation you do before sentencing can make a real difference to the result.

Maximum and minimum sentences

Restricted or prohibited firearm, or any firearm for a criminal organization

• Maximum: The maximum sentence is life.
• Minimum: The minimum is 5 years for a first offence and 7 years for a later offence.

All other robberies

• Maximum: The maximum sentence is life.
• Minimum: There is no minimum sentence.

The former 4-year minimum for robbery with other firearms was repealed in 2022. Bill C-16, passed in June 2026, allows judges to go below a mandatory minimum in rare cases where the minimum would be grossly disproportionate. An attempt carries a lower maximum of 14 years, as our guide to attempted robbery explains.

How judges decide

Every sentence must fit the seriousness of the offence and the offender's degree of responsibility. In robbery cases, judges usually focus on denunciation and deterrence. That is because robbery involves violence or threats against a person. However, rehabilitation still matters, especially for young people and first offenders. Judges must also consider every reasonable option other than jail. Where the facts are closer to a theft than a robbery, the difference in the charge can change the sentence a great deal, as our guide to robbery vs theft explains.

What courts consider

• Violence and injuries: The level of violence used and any injuries caused are central to the sentence.
• Weapons: Whether a weapon was used, and what kind, has a major effect on the outcome.
• Location and victim: Home invasions and robberies of vulnerable people are treated most seriously.
• Planning and group involvement: A planned robbery carried out with others is usually treated as more serious.
• Value and recovery: The court considers the value taken and whether it was recovered.
• Your background: Your age, record and personal circumstances are always relevant.
• Remorse and rehabilitation: A guilty plea, genuine remorse and steps toward rehabilitation can lower the sentence.

Can you avoid jail for robbery?

Avoiding jail is possible in some cases, but it is less common. The options include a conditional sentence, which is a sentence under 2 years served in the community, often with house arrest, where no minimum applies and the judge is satisfied that it would be safe. See conditional sentences. In low-level cases with strong mitigating factors, a suspended sentence with probation may also be possible.

For example, a young first offender who took a phone with a push, and has since completed counselling and gone back to school, is in a very different position from someone who robbed a store with a knife.

Youth robbery sentences

Young people are sentenced under the Youth Criminal Justice Act, where custody is a last resort. Most youth sentences cannot exceed 2 years, or 3 years for offences with an adult maximum of life. See youth sentences in Canada.

Other orders

• Weapons prohibition: This is usually mandatory for robbery involving violence. See weapons prohibition orders.
• DNA order: Robbery is a primary designated offence, so a DNA order is required after a conviction.
• Restitution: The court can order you to repay the value of property that was taken or damaged.

Time spent in custody before sentencing

You may be held in custody while your case is ongoing. If so, the judge can give you credit for that time at sentencing. Credit is usually given at up to one and a half days for each day in custody. Harsh conditions during pre-sentence custody can also be raised at sentencing.

Building a strong sentencing position

The steps you take early in the case can matter a great deal. Helpful material can include character letters and proof of work or school. Counselling or treatment records also help, especially if you started them while on bail. The judge may also order a pre-sentence report, which a probation officer prepares after interviewing you and others.

Effects beyond the sentence

A robbery conviction can affect your life long after the sentence ends. Because robbery carries a maximum of life, a conviction can make a permanent resident inadmissible for serious criminality. It also creates a criminal record that can affect employment, housing and travel to the United States, and a record suspension cannot be considered until 10 years after the sentence is completed.

Addiction and personal circumstances

Many robberies are connected to addiction, poverty or mental health problems. These factors do not excuse the offence, but they can help explain it. A judge may give real weight to treatment that started before sentencing and is still going on. For Indigenous offenders, the judge must also consider their background and circumstances under s. 718.2(e).

Statutory aggravating factors

The Criminal Code lists factors that make any sentence higher. They include abusing a position of trust, targeting a person because of race, religion or another protected characteristic, and harming a victim under 18. If the victim was an intimate partner or family member, that is also a listed aggravating factor (s. 718.2(a)(ii)).

Probation after a sentence

Many robbery sentences include a period of probation after any jail. Probation can last up to 3 years. Common conditions include no contact with the victim, no weapons, a curfew, counselling and reporting to a probation officer. Breaking a condition is a new criminal offence. Read each condition carefully before the sentence is imposed.

How we can help

We can help you prepare for sentencing from the start of the case, and argue for the least serious outcome the facts allow. Call (647) 223-1980 for a free consultation.

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