Canadian Criminal Sentencing/Offences/Obstruction of a Peace Officer

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Obstruction of a Peace Officer
s. 129 of the Crim. Code
Election / Plea
Crown Election Hybrid
Jurisdiction Prov. Court
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
Summary Dispositions
Avail. Disp. Discharge (730)

Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)

Conditional Sentence (742.1)
Maximum 6 months jail or $5,000 fine
Indictable Dispositions
Avail. Disp. same as summary
Maximum 2 years jail
References
Offence Elements
Sentence Principles
Sentence Digests

Legislation[edit]

Offences relating to public or peace officer
129. Every one who

(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,
(b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or
(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,

is guilty of

(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(e) an offence punishable on summary conviction.


R.S., c. C-34, s. 118; 1972, c. 13, s. 7.


CCC

Application[edit]

Ranges[edit]

  • R. v. Guess 2000 BCCA 602 -- 18 months
  • R. v. Cashman 2000 Sask. CA -- 9 months
  • R. v. Brown 1995 MBCA -- 18 months
  • R. v. Watkins [1985] N.S.J. No. 277 -- 12 months-- making false statement, causing investigation

See Also[edit]