Obstructing justice

R. v. J.S.B.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked18 months in custody1
Judge imposed18 months conditional sentence1
18 months less custody than the Crown asked

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

Maximum10 years
Crown asked18 months in custody
Judge imposed18 months conditional sentence
Defence asked15 months conditional sentence
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 15% of the maximum. Read the section.

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

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.

1

The record

Convicted of
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

  1. 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.
  2. Criminal Code, s. 139 Record, Justice Laws Website
  3. R. v. J.S.B., 2023 BCSC 1514 Court decision, Courts of British Columbia

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