Robbery to steal a firearm, Possession of a loaded prohibited or restricted firearm

R. v. Smith

Sentence and the Crown's position

Crown asked4 years in custody1
Judge imposed4 years in custody (30 months concurrent on firearm possession), less 917 days credit1

What the law allows

MaximumLife imprisonment
Crown asked4 years in custody
Judge imposed4 years in custody
Defence asked4 years in custody
For robbery to steal a firearm (CC 98.1), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Russell Smith pleaded guilty to robbery to steal firearms and possession of a prohibited firearm with accessible ammunition, after helping plan a 2023 robbery of a Prince George gas station's firearms stock carried out by two youths with a sawed-off shotgun. The Crown and defence jointly proposed four years in custody. Justice Tindale accepted the joint submission, imposing four years with 30 months concurrent on the firearm count, less 917 days of credit for pre-sentence custody.

In the judge's words

I am satisfied, upon a review of the case authorities and the submissions made by counsel who are both very experienced in these matters, that the joint submission proposed is a fit sentence and imposing such a sentence would not bring the administration of justice into disrepute or is otherwise contrary to the public interest.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
4 years in custody1
Appeal
Not yet checked
Counsel
Crown: R.D. Withall
Defence: C.R. Carleton

Sources

  1. R. v. Smith, 2025 BCSC 1650 Court decision, CanLII, June 10, 2025[2] Both the Crown and counsel for Mr. Smith propose a joint sentence of four years in custody on Count 1 and 30 months in custody on Count 3, Count 3 being served concurrent to Count 1 less time for credit for time served.[2] Both the Crown and counsel for Mr. Smith propose a joint sentence of four years in custody on Count 1 and 30 months in custody on Count 3, Count 3 being served concurrent to Count 1 less time for credit for time served.[1] THE COURT: Russell Smith entered guilty pleas to the following counts on Prince George Registry File Number 77987-3:[40] I am satisfied, upon a review of the case authorities and the submissions made by counsel who are both very experienced in these matters, that the joint submission proposed is a fit sentence and imposing such a sentence would not bring the administration of justice into disrepute or is otherwise contrary to the public interest.[42] On Count Number 1, I will sentence you to 1,460 days in custody. On Count 2, I will sentence you to 900 days in custody to be served concurrent to Count 1. The total sentence before credit for pretrial custody is 1,460 days in jail. I will credit you with 917 days for pretrial custody.
  2. Criminal Code, s. 98.1 Record, Justice Laws Website
  3. R. v. Smith, 2025 BCSC 1650 Court decision, Courts of British Columbia

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