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 ElectionIndictable
JurisdictionProv. Court
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
Indictable Dispositions
Maximum14 years jail
References
Offence Elements
Sentence Principles
Sentence Digests

Legislation

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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.

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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

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Principles

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Factors

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Ranges

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  • 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

See Also

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