Intimidation of a Justice System Participant (Sentencing Cases)

This page was last substantively updated or reviewed January 2015. (Rev. # 81606)

• < Sentencing
• < Cases

Ranges

Case Name	Prv.	Crt.	Sentence	Summary
R v Saddleback, 2019 SKPC 42 (CanLII), per Agnew J	SK	PC	18 months imprisonment 3 years probation
R v Redgun, 2016 ABPC 236 (CanLII)	AB	PC	Suspended	"the accused encountered a person who had alleged that the accused's daughter had been involved in certain criminal acts. The offender accused that person of lying, threatened to assault her, and followed her for a short distance. The accused was 48, had no previous record, and was a First Nations woman who had been abused as a child and who had attended residential school, as had both of her parents and all four of her grandparents. The Court stated that the primary sentencing considerations were denunciation and deterrence (paras 33 and 35), quoted Michel on the importance of protection of witnesses, and stated (para 43) that a violation of s. 423.1 will usually result in incarceration. In this case, the accused's Gladue factors affected her moral blameworthiness, the offence did not reflect her true character, and the Court held that the principles of denunciation and deterrence were met by the fact that the accused would now have a criminal record. She was given a suspended sentence and two years' probation"
R v Horton, 2014 ONCA 616 (CanLII)	ON	CA		"[T]he accused was convicted of intimidating a justice system participant and assaulting a peace officer. Both charges arose out of an incident where the accused kicked an occupied police cruiser, with the intention of intimidating or causing fear in the officer, who was at the time performing police duties. The Ontario Court of Appeal upheld a sentence of 10 months' imprisonment and two years' probation for the s. 423.1 charge, and imposed a concurrent six months' incarceration for the assault."
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 Hefferan, 2014 CanLII 13084 (NL PC)	NL	PC
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)	ON		8 years imprisonment (global)	ON
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