Canadian Criminal Sentencing/Offences/Obstruction of a Peace Officer
| 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)) |
| 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
editOffences 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
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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