Canadian Criminal Sentencing/Offences/Obstruction of a Peace Officer

Obstruction of a Peace Officer
s. 129 of the Crim. Code
Election / Plea
Crown ElectionHybrid
JurisdictionProv. 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)
Maximum6 months jail or $5,000 fine
Indictable Dispositions
Avail. Disp.same as summary
Maximum2 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