Intimidation of a justice system participant or journalist
R. v. Minugh
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
Leah Minugh pleaded guilty to intimidating a justice system participant after repeatedly threatening a police officer during a traffic stop. The Crown sought 30 days in custody followed by probation, and the defence sought probation. Judge Bégin imposed a 3-month conditional sentence followed by 24 months of probation, finding that the offence required denunciation and deterrence in the form of a custodial sentence that could be served in the community.
In the judge's words
1This is a serious offence that requires denunciation and deterrence. Denunciation and deterrence in the form of a custodial sentence.
The record
Sources
- R. v. Minugh, 2023 NSPC 16 Court decision, CanLII, March 20, 2023
[5] The Crown is seeking a short, sharp sentence of 30 days to emphasize denunciation and deterrence, followed by a period of probation.
[6] Defence is seeking a period of probation, suggesting that anything more than probation would neither be a fit nor fair sentence.
[1] This is the sentencing of Leah Minugh who pleaded guilty to engaging in conduct with the intent to provoke fear in a justice system participant on August 11, 2021, contrary to s. 423.1(1)(b) of the Criminal Code.
[43] This is a serious offence that requires denunciation and deterrence. Denunciation and deterrence in the form of a custodial sentence.
[45] I am sentencing Ms. Minugh to 3 months custody to be served under strict conditions in the community under a Conditional Sentence Order. This will be followed by a period of Probation for 24 months where Ms. Minugh will take the necessary counselling to deal with her issues, and she will report on three occasions during her probation on her progress to this Court.
- Criminal Code, s. 423.1 Record, Justice Laws Website
- R. v. Minugh, 2023 NSPC 16 Court decision, Courts of Nova Scotia