Obstructing justice
R. v. J.S.B.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
The offender pleaded guilty to obstructing justice after having blood cleaned from his truck the day after he drove two men to and from the scene of a homicide in Surrey in 2019. The Crown sought 18 months in custody; the defence sought a 15-month conditional sentence. Justice Devlin found an 18-month custodial term appropriate and ordered it served in the community as a conditional sentence, finding the offender posed little risk of reoffending.
In the judge's words
1To that end, I am satisfied that it would not endanger the community to permit … to serve his sentence in the community. In my view, he poses little risk of reoffending.
The record
- Convicted of
- Obstructing justice (CC 139(2))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 15 months conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: K. Bolan, S. Wan
Defence: A.J. Robinson, W. Pryde
Sources
- R. v. J.S.B., 2023 BCSC 1514 Court decision, CanLII, September 7, 2023
[14] As mentioned above, the Crown seeks a custodial sentence of 18 months, while the defence seeks a 15-month CSO.
[14] As mentioned above, the Crown seeks a custodial sentence of 18 months, while the defence seeks a 15-month CSO.
[10] Mr. … was 20 years old at the time of the offence, and is now 24 years old. He has no prior criminal record.
[36] To that end, I am satisfied that it would not endanger the community to permit … to serve his sentence in the community. In my view, he poses little risk of reoffending.
[40] Mr. … please stand. I am sentencing you to an 18-month conditional sentence.
- Criminal Code, s. 139 Record, Justice Laws Website
- R. v. J.S.B., 2023 BCSC 1514 Court decision, Courts of British Columbia