Intimidation of a Justice System Participant (Sentencing Cases): Difference between revisions

From Criminal Law Notebook
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{{OffencesBoxMini|Intimidation of a Justice System Participant}}
{{OffencesBoxMini|Intimidation of a Justice System Participant}}
==Ranges==
==Ranges==
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{{SCase1|{{CanLIIR-S|Fensom|g6t39|2014 ABQB 238 (CanLII)}}{{perABQB| Topolniski J}}| {{JailY1}} Offender threatened witness with a gun after being charged with aggravated assault.}}
{{SCaseLong|{{CanLIIR-S|Fensom|g6t39|2014 ABQB 238 (CanLII)}}{{perABQB| Topolniski J}}|AB|SC|{{JailY1}} |Offender threatened witness with a gun after being charged with aggravated assault.}}


{{SCase1|''R v Crazyboy'',<br> [http://canlii.ca/t/fs3h6 2012 ABCA 228] (CanLII){{perABCA|Martin JA}} | {{JailM|9}} | Offender attempted to pressure the complainant not to testify. No threats of violence were made.}}
{{SCaseLong|''R v Crazyboy'',<br> [http://canlii.ca/t/fs3h6 2012 ABCA 228] (CanLII){{perABCA|Martin JA}} |AB|CA| {{JailM|9}} | Offender attempted to pressure the complainant not to testify. No threats of violence were made.}}


{{SCase1|''R v Viscomi'',<br>[http://canlii.ca/t/fr6jr 2012 ABCA 135] (CanLII){{TheCourtABCA}} | {{JailM|12}} | Offender was charged with assaulting his mother. He called complainant and ordered her to withdraw her statement or else he would cut her tongue out.}}
{{SCaseLong|''R v Viscomi'',<br>[http://canlii.ca/t/fr6jr 2012 ABCA 135] (CanLII){{TheCourtABCA}} |AB|CA| {{JailM|12}} | Offender was charged with assaulting his mother. He called complainant and ordered her to withdraw her statement or else he would cut her tongue out.}}


{{SCase1| ''R v Michel'',<br>[http://canlii.ca/t/2cmwz 2010 NWTTC 9] (CanLII), ''per'' Schmaltz J| {{JailM|15}} | threatening voicemail messages to crown witness for B&E; alcohol involved; guilty plea}}
{{SCaseLong| ''R v Michel'',<br>[http://canlii.ca/t/2cmwz 2010 NWTTC 9] (CanLII), ''per'' Schmaltz J|NWT|SC| {{JailM|15}} | threatening voicemail messages to crown witness for B&E; alcohol involved; guilty plea}}


{{SCase1|''R v Desjarlais'',<br>[http://canlii.ca/t/2bxlb 2009 MBPC 45] (CanLII){{perMBPC|Lismer J}}| 2 years (intimidation)<br> 2 years (assault x 2) |Offender charged with two instances of domestic assault. He told the complainant to "forget everything".}}
{{SCaseLong|''R v Desjarlais'',<br>[http://canlii.ca/t/2bxlb 2009 MBPC 45] (CanLII){{perMBPC|Lismer J}}|MB|PC| {{JailY|2}} (intimidation)<br> {{JailY|2}} (assault x 2) |Offender charged with two instances of domestic assault. He told the complainant to "forget everything".}}


{{SCase1|''R v Augustine'',<br> 2007 NBQB 158 {{NOCANLII}} | {{JailY|3}} | Complainant was approached with money and a plane ticket and then threatened that someone would get him if he chose to testify in a trial.}}
{{SCaseLong|''R v Augustine'',<br> 2007 NBQB 158 {{NOCANLII}} |NB|SC| {{JailY|3}} | Complainant was approached with money and a plane ticket and then threatened that someone would get him if he chose to testify in a trial.}}


{{SCase1|''R v Munro'', <br>[2000] OJ No 5993 {{NOCANLII}}| {{JailY|8}} (global) | Offender charged with aggravated assault and obstruction of justice. Offender made death threats against complainant if she testified. }}
{{SCaseLong|''R v Munro'', <br>[2000] OJ No 5993 {{NOCANLII}}| {{JailY|8}} (global)|ON| | Offender charged with aggravated assault and obstruction of justice. Offender made death threats against complainant if she testified. }}


{{SCase1| ''R v Conway'',<br> [http://canlii.ca/t/1kfsl 2005 CanLII 15449] (MB PC){{perMBPC|Preston J}} | {{JailM|15}} | The offender plead guilty to intimidation and breach of probation. He threatened the probation officer and his children. He had a lengthy related record. }}
{{SCaseLong| ''R v Conway'',<br> [http://canlii.ca/t/1kfsl 2005 CanLII 15449] (MB PC){{perMBPC|Preston J}}|MB|PC | {{JailM|15}} | The offender plead guilty to intimidation and breach of probation. He threatened the probation officer and his children. He had a lengthy related record. }}


{{SCase1|''R v Thuraisingam'',<br> [1997] OJ No 5424 (Ont. Gen Div.){{NOCANLII}} | 2 years (intimidation)<br> 6 months (asssault) | threats against complainant in a relatively minor assault.}}
{{SCaseLong|''R v Thuraisingam'',<br> [1997] OJ No 5424 (Ont. Gen Div.){{NOCANLII}}|ON| | 2 years (intimidation)<br> 6 months (asssault) | threats against complainant in a relatively minor assault.}}


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Revision as of 19:47, 19 April 2020

Ranges

Case Name Prv. Crt. Sentence Summary
R v Fensom, 2014 ABQB 238 (CanLII), per Topolniski J AB SC 1 year imprisonment Offender threatened witness with a gun after being charged with aggravated assault.
R v Crazyboy,
2012 ABCA 228 (CanLII), per Martin JA
AB CA 9 months imprisonment Offender attempted to pressure the complainant not to testify. No threats of violence were made.
R v Viscomi,
2012 ABCA 135 (CanLII), per curiam
AB CA 12 months imprisonment Offender was charged with assaulting his mother. He called complainant and ordered her to withdraw her statement or else he would cut her tongue out.
R v Michel,
2010 NWTTC 9 (CanLII), per Schmaltz J
NWT SC 15 months imprisonment threatening voicemail messages to crown witness for B&E; alcohol involved; guilty plea
R v Desjarlais,
2009 MBPC 45 (CanLII), per Lismer J
MB PC 2 years imprisonment (intimidation)
2 years imprisonment (assault x 2)
Offender charged with two instances of domestic assault. He told the complainant to "forget everything".
R v Augustine,
2007 NBQB 158 (*no CanLII links)
NB SC 3 years imprisonment Complainant was approached with money and a plane ticket and then threatened that someone would get him if he chose to testify in a trial.
R v Munro,
[2000] OJ No 5993 (*no CanLII links)
8 years imprisonment (global) ON Offender charged with aggravated assault and obstruction of justice. Offender made death threats against complainant if she testified.
R v Conway,
2005 CanLII 15449 (MB PC), per Preston J
MB PC 15 months imprisonment The offender plead guilty to intimidation and breach of probation. He threatened the probation officer and his children. He had a lengthy related record.
R v Thuraisingam,
[1997] OJ No 5424 (Ont. Gen Div.)(*no CanLII links)
ON 2 years (intimidation)
6 months (asssault)
threats against complainant in a relatively minor assault.
Term PC SC CA S/S
Defined Provincial
Court
Superior
Court
Court
of Appeal
Suspended
Sentence