Obstructing justice

R. v. Barnes

Sentence and the Crown's position

Crown asked8 months in custody1
Judge imposedEight months (240 days) imprisonment, less time served1

What the law allows

Maximum10 years
Crown asked8 months in custody
Judge imposed8 months in custody
Defence asked8 months in custody
For obstructing justice (CC 139(2)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 7% of the maximum. Read the section.

Rhos Barnes pleaded guilty to obstruction of justice for asking a friend to give a false alibi, including offering him $300, in an investigation into damage to his former partner's vehicle. Crown and defence jointly proposed eight months in custody. Justice Burke accepted the joint submission and imposed eight months' imprisonment less time served, finding it would provide denunciation and deterrence while leaving room for rehabilitation.

In the judge's words

The sentence will provide adequate denunciation and deterrence on a general level and specific deterrence for Mr. Barnes. It also provides opportunity and potential for rehabilitation; which Mr. Barnes has demonstrated by the courses he has taken while in custody and his adherence to a sober lifestyle.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
8 months in custody1
Appeal
Not yet checked
Counsel
Crown: E. Poll
Defence: M. Vayeghan

Sources

  1. R. v. Barnes, 2021 BCSC 2212 Court decision, CanLII, November 5, 2021[3] Crown and Defence counsel have put forward a joint submission with respect to the sentence and agree that an eight-month term is an appropriate sentence in these circumstances, with particular regard to the accused's criminal record.[36] The Crown and Defence have agreed that an appropriate sentence in the circumstances is an eight-month custodial sentence.[2] Mr. Rhos Barnes entered a plea of guilty on November 1, 2021, to a charge of obstruction of justice contrary to section 139(2) of the Criminal Code, R.S.C. 1985, c. C-46.[47] The sentence will provide adequate denunciation and deterrence on a general level and specific deterrence for Mr. Barnes. It also provides opportunity and potential for rehabilitation; which Mr. Barnes has demonstrated by the courses he has taken while in custody and his adherence to a sober lifestyle.[51] Mr. Barnes, for the offence of obstruction of justice contrary to section 139(2) of the Criminal Code, I sentence you to a term of imprisonment of eight months or 240 days, less time served. I am calculating the months as 30 days each, time served is calculated at time and a half.
  2. Criminal Code, s. 139 Record, Justice Laws Website
  3. R. v. Barnes, 2021 BCSC 2212 Court decision, Courts of British Columbia

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