a friend has been charged for armed robbery and is a first time offender can he get house arrest if found guilty?.
1 Answer from Attorneys
Without knowing more about the case; its unlikely. The charges you describe carry a mandatory minimum sentence and for a conditional sentence ("house arrest") a judge can only impose a conditional sentence if the sentence of imprisonment is less than two years. The minimum sentence for the offense you described would be 5.
Now that presumes your friend has been convicted of the offense they were charged for. If they have not gone through the process yet, they should speak with a lawyer well versed in these matters ASAP.
The law is referenced below.
Criminal Code, RSC 1985, c C-46, ss 343, 344. provides that:
344 (1) Every person who commits robbery is guilty of an indictable offence and liable
(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, five years, and
(ii) in the case of a second or subsequent offence, seven years;
(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.
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