Intimidation of a justice system participant or journalist
R. v. Lilly
Sentence and the Crown's position
What the law allows
Jacob Matthew Lilly was found guilty after trial of intimidating a correctional officer, a justice system participant, at the Burnside jail in March 2021 to impede him in his duties and as a subpoenaed witness. The Crown sought two to three years' imprisonment consecutive to his existing sentences; the defence sought one year concurrent. Justice Rosinski imposed 25 months' imprisonment consecutive to any sentence being served, finding that a challenge to the authority of correctional services in a jail must be met with a strongly deterrent sentence.
In the judge's words
1Such challenge to the authority of correctional services in a jail, must be met with a strongly deterrent sentence, albeit still proportionate to the culpability of the offender and the gravity of the offences, his potential for rehabilitation, as well as bearing in mind the other principles of sentencing.
The record
Sources
- R. v. Lilly, 2022 NSSC 276 Court decision, CanLII, October 3, 2022
[21] The Crown argues for a sentence between 2 to 3 years’ imprisonment, to be served consecutively to any present sentences being served per s. 718.3(4) (a) CC.
[22] Mr. Lilly argues for a sentence of 1 year imprisonment to be served concurrently
[1] I found Mr. Lilly guilty (2022 NSSC 138) that he:
[68] Such challenge to the authority of correctional services in a jail, must be met with a strongly deterrent sentence, albeit still proportionate to the culpability of the offender and the gravity of the offences, his potential for rehabilitation, as well as bearing in mind the other principles of sentencing.
[70] I am satisfied in the circumstances that a fit sentence in this case is 25 months imprisonment to be served consecutively to any sentence presently being served.
- Criminal Code, s. 423.1 Record, Justice Laws Website
- R. v. Lilly, 2022 NSSC 276 Court decision, Courts of Nova Scotia