Canadian Criminal Sentencing/Offences/Intimidation of a Justice System Participant
| Intimidation of a Justice System Participant | |
|---|---|
| s. 423.1 of the Crim. Code | |
| Election / Plea | |
| Crown Election | Indictable |
| Jurisdiction | Prov. Court SC Judge + PI (I) SC Jury + PI (I) (536(2)) |
| Indictable Dispositions | |
| Maximum | 14 years jail |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
Legislation
[edit | edit source]Intimidation of a justice system participant or a journalist
423.1 (1) No person shall, without lawful authority, engage in conduct referred to in subsection (2) with the intent to provoke a state of fear in
- (a) a group of persons or the general public in order to impede the administration of criminal justice;
- (b) a justice system participant in order to impede him or her in the performance of his or her duties; or
- (c) a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.
Prohibited conduct
(2) The conduct referred to in subsection (1) consists of
- (a) using violence against a justice system participant or a journalist or anyone known to either of them or destroying or causing damage to the property of any of those persons;
- (b) threatening to engage in conduct described in paragraph (a) in Canada or elsewhere;
- (c) persistently or repeatedly following a justice system participant or a journalist or anyone known to either of them, including following that person in a disorderly manner on a highway;
- (d) repeatedly communicating with, either directly or indirectly, a justice system participant or a journalist or anyone known to either of them; and
- (e) besetting or watching the place where a justice system participant or a journalist or anyone known to either of them resides, works, attends school, carries on business or happens to be.
...
Punishment
(3) Every person who contravenes this section is guilty of an indictable offence and is liable to imprisonment for a term of not more than fourteen years.2001, c. 32, s. 11.
– CCC
Application
[edit | edit source]Principles
[edit | edit source]Factors
[edit | edit source]Ranges
[edit | edit source]- R. v. Michel, 2010 NWTTC 9 || 15 months || threatening voicemail messages to crown witness for B&E; alcohol involved; guilty plea
- R. v. Conway, 2005 CanLII 15449 (MB PC) || 15 months || threatened probation officer