R. v. Terrigno (M.), (2009) 455 A.R. 372 (PC)

• Judge: Daniel, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: February 05, 2009
• Citations: (2009), 455 A.R. 372 (PC);2009 ABPC 29

R. v. Terrigno (M.) (2009), 455 A.R. 372 (PC)

MLB headnote and full text

Temp. Cite: [2009] A.R. TBEd. FE.068

Her Majesty the Queen v. Michael Terrigno (060058906P10101; 2009 ABPC 29)

Indexed As: R. v. Terrigno (M.)

Alberta Provincial Court

Daniel, P.C.J.

February 5, 2009.

Summary:

The accused was convicted of obstructing a peace officer in the lawful execution of his duty.

The Alberta Provincial Court imposed 90 days' of incarceration to be served in the community pursuant to a conditional sentence order.

Criminal Law - Topic 4431

Procedure - Verdicts - Discharges and dismissals - Conditional discharge in lieu of conviction - [See Criminal Law - Topic 5888 ].

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5888 ].

Criminal Law - Topic 5888

Sentence - Resisting or obstructing a peace officer - The accused, a 34 year old student-at-law, with no criminal record was convicted of obstructing a peace officer in the lawful execution of his duty - The charges arose out of an incident whereby the accused intervened when the police stopped his friend for impaired driving, misrepresented himself as a lawyer, became verbally abusive and threatening, and physically prevented the police from continuing their investigation - The accused was a first offender - Alcohol involved - Conviction would delay and possibly preclude admission into the Alberta Law Society - Positive pre-sentence report and letters of reference - Agreed to taking anger management counselling - The Alberta Provincial Court held that it would be contrary to the public interest to grant a conditional discharge - A fine and a suspended sentence were also inappropriate - The accused's conduct merited a jail sentence - The court stated that a message had to be sent to the accused and to the public in general, that such obstruction of peace officers engaged in the lawful execution of their duty, simply would not be tolerated - The court imposed a sentence of 90 days' incarceration to be served in the community pursuant to a conditional sentence order.

Cases Noticed:

R. v. Targon (1981), 61 C.C.C.(2d) 554; 6 W.C.B. 307 (Ont. Co. Ct.), refd to. [para. 3].

R. v. Manko (M.J.) (1992), 80 Man.R.(2d) 158; 16 W.C.B.(2d) 342 (Q.B.), refd to. [para. 3].

R. v. Ziter (1981), 62 C.C.C.(2d) 294; 24 C.R.(3d) 257 (Ont. C.A.), refd to. [para. 3].

R. v. Landry (2005), 66 W.C.B.(2d) 129; 2005 CarswellQue 2736 (C.A.), refd to. [para. 3].

R. v. Landry, 2005 CarswellQue 663 (S.C.), refd to. [para. 3].

R. v. Laskaris, 2008 CarswellBC 957 (Prov. Ct.), refd to. [para. 3].

R. v. Golding (C.E.) (2008), 331 N.B.R.(2d) 25; 849 A.P.R. 25; 77 W.C.B.(2d) 45; 2008 CarswellNB 131 (T.D.), refd to. [para. 3].

R. v. Wallator (1994), 22 W.C.B.(2d) 617; 1994 CarswellAlta 979 (Prov. Ct.), refd to. [para. 3].

R. v. Hayher (A.S.) (2005), 377 A.R. 327; 70 W.C.B.(2d) 147; 2005 CarswellAlta 551 (Prov. Ct.), refd to. [para. 3].

R. v. Anderson (A.) (1996), 7 O.T.C. 1; 108 C.C.C.(3d) 37; 49 C.R.(4th) 305; 31 W.C.B.(2d) 333 (Gen. Div.), refd to. [para. 3].

R. v. MacFarlane (1976), 55 A.R. 222 (C.A.), refd to. [para. 22].

R. v. Proulx (J.K.D.), [2000] 1 S.C.R. 61; 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161, refd to. [para. 29].

Counsel:

K. McCaffrey, for the Crown;

A. Hepner, Q.C., for the defence.

This matter was heard by Daniel, P.C.J., of the Alberta Provincial Court, who delivered the following decision on February 5, 2009.