Intimidation of a justice system participant or journalist

R. v. Lilly

Sentence and the Crown's position

Crown asked2 years in custody1
Judge imposed25 months imprisonment, consecutive to any sentence being served; lifetime s. 109 prohibition, DNA order1

What the law allows

Maximum14 years
Crown asked2 years in custody
Judge imposed25 months in custody
Defence asked1 year in custody
For intimidation of a justice system participant or journalist (CC 423.1), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 15% of the maximum. Read the section.

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

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.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
1 year in custody1
Appeal
Not yet checked
Counsel
Crown: Rick Woodburn
Defence: Ian Hutchison

Sources

  1. 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.
  2. Criminal Code, s. 423.1 Record, Justice Laws Website
  3. R. v. Lilly, 2022 NSSC 276 Court decision, Courts of Nova Scotia

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