Resisting or obstructing a peace officer

R. v. Nagendran

Sentence and the Crown's position

Crown askedNot recorded
Judge imposed5 months' incarceration, already served through remand1

What the law allows

Maximum2 years
Judge imposed150 days in custody
For resisting or obstructing a peace officer (CC 129(a)), the Criminal Code currently allows up to 2 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 21% of the maximum. Read the section.

Geevan Nagendran was found guilty of obstructing correctional officers during an incident at the Central Nova Scotia Correctional Facility on December 2, 2019, while he was held there on an immigration hold. The Crown and defence agreed the sentence would be satisfied by time served, as he had been on remand for over two years on an offence with a two-year maximum. Justice Campbell imposed 5 months' incarceration, already served through remand, noting the seriousness of defiance inside a jail and the immigration consequences of the sentence.

In the judge's words

The fact that this happened inside a jail is a significant factor. Safety within those institutions depends on the enforcement of the rule of law. Inmates cannot be permitted to impose their will on each other or on those whose job it is to guard them.

1

The record

Prior convictions
6 prior convictions1
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: Rick Woodburn, Scott Morrison
Defence: Hanna Garson

Sources

  1. https://www.canlii.org/en/ns/nssc/doc/2022/2022nssc14/2022nssc14.html Court decision[1] Geevan Nagendran was found guilty of obstruction of a peace officer in the execution of their duties at the Central Nova Scotia Correctional Facility.[34] Mr. Nagendran is not a first-time offender. He was convicted in 1999 of obstruction of a peace officer and in 2000 of failure to comply with a recognizance. In 2004 and 2005 he was convicted of impaired driving. And in 2004 he was convicted of uttering, using or exporting counterfeit money. For that he was sentenced to 6 months. He was convicted of trafficking drugs in 2018.[33] The fact that this happened inside a jail is a significant factor. Safety within those institutions depends on the enforcement of the rule of law. Inmates cannot be permitted to impose their will on each other or on those whose job it is to guard them.[37] Having regard to the nature of the offence and Mr. Nagendran’s circumstances a sentence of 5 months’ incarceration will be imposed. In the circumstances that is the sentence that should be formally entered on the record. It has already been served through the period of remand.
  2. Criminal Code, s. 129 Record, Justice Laws Website
  3. R. v. Nagendran, 2022 NSSC 14 Court decision, Courts of Nova Scotia

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