Canadian Criminal Sentencing/Offences/Obstructing Justice
|s. 139 of the Crim. Code|
|Election / Plea|
|Jurisdiction||Prov. Court |
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
|Avail. Disp.||Discharge (730)|
Conditional Sentence (742.1)
|Maximum||6 months jail or $5,000 fine|
|Avail. Disp.||same as summary|
|Maximum||2 years jail|
|Offence Elements |
139. (1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding,
- (a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or
- (b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody,
is guilty of
- (c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
- (d) an offence punishable on summary conviction.
(2) Every one who wilfully attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
R.S., c. C-34, s. 127; R.S., c. 2(2nd Supp.), s. 3; 1972, c. 13, s. 8.