41 result(s)
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1.
Foulds J.T. (Sergeant), R. v. - 2012 CM 3001 - 2012-01-18
Courts Martial - Finding - Available(b) That Sergeant Foulds' conduct had a tendency to obstruct, pervert or defeat the course of justice. [...] To obstruct means to interrupt, make difficult, get in the way of something, to impede or hinder. [...] (c) Finally, that Sergeant Foulds intended to obstruct, pervert or defeat the course of justice.
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2.
Laflamme R.S. (Master Corporal), R. v. - 2013 CM 4012 - 2013-06-18
Courts Martial - Finding - Available(e) That Master Corporal Laflamme obstructed the work of Corporals Ryan and Bains; and [...] [45] Did Master Corporal Laflamme intentionally obstruct the work of Corporal Ryan? [...] [71] Did Master Corporal Laflamme intentionally obstruct the work of Corporal Bains?
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3.
Golzari A.Z. (Corporal), R. v. - 2016 CM 1008 - 2016-05-11
Courts Martial - No Prima Facie - Available• Charge 2: S. 130 NDA, obstructing a peace officer (s. 129(a) CCC). • Charge 3: S. 129 NDA, conduct to the prejudice of good order and discipline. [...] The defence also submits that the accused’s refusal does not amount to obstruction in the context of this offence. [...] (e) that officer was in the lawful execution of his duty when he was obstructed; and
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4.
Alix B.L. (Petty Officer 1st Class), R. v. - 2019 CM 2023 - 2019-09-06
Courts Martial - Decision as Directed by the Judge - Available95 The judge advocate may allow the cross-examination of a witness to be postponed where, in his opinion, the application for postponement is not made for purposes of obstruction. [...] A trial judge must be satisfied that in his or her opinion, the purpose of the defence request for postponement is not for the purpose of obstruction, meaning that counsel is not making the request to intentionally impede, hinder or delay the ongoing court martial proceedings. [...] [10] Based on the submissions of counsel, there was no evidence referred to that suggested that the request was being made for any improper purpose or for obstruction.
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5.
Cruz D.J. (Private), R. v. - 2010 CM 2022 - 2010-12-07
Courts Martial - Finding - Available•Charge 5: S. 130 NDA, obstructing justice (s. 139(2) CCC). Results •FINDINGS: Charges 1, 2, 3, 4, 5: Not guilty. [...] e) Fifth charge - an offence punishable under section 130 of the National Defence Act; that is to say, obstructing justice, contrary to section 139(2) of the Criminal Code. [...] [45] On all the evidence, I cannot say that I am satisfied beyond a reasonable doubt that in speaking to Ms Noblefranca, Private Cruz intended to obstruct the course of justice.
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6.
Cruz D.J. (Private), R. v. - 2010 CM 2019 - 2010-12-07
Courts Martial - Charter Decisions - Available•Charge 5: S. 130 NDA, obstructing justice (s. 139(2) CCC). Results •FINDINGS: Charges 1, 2, 3, 4, 5: Not guilty. [...] entry in a document required for official purposes contrary to section 125(a); two charges of fraud contrary to section 130 of the National Defence Act and section 380(1) of the Criminal Code; and one charge of obstructing justice contrary to section 130 of the National Defence Act and section 139(2) of the Criminal Code. [...] [5] In the course of argument, counsel for the applicant conceded that the court had jurisdiction with respect to the two charges of wilfully making a false statement in a document required for official purposes and the charge of obstructing justice, and pressed the point of lack of military nexus only with respect to the
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7.
Laflamme R.S. (Master Corporal), R. v. - 2013 CM 4013 - 2013-06-19
Courts Martial - Sentence - AvailableLocation: 8 Wing Trenton, building 22, 74 Polaris Avenue, Astra, ON. Charges •Charges 1, 2: S. 130 NDA, obstructs a peace officer in the execution of his duty (s. 129(a) CCC). [...] [1] Master Corporal Laflamme, following a full trial, the Court has found you guilty of two charges brought under section 130 of the National Defence Act, namely, the obstruction of a peace officer contrary to section 129 of the Criminal Code. [...] Of course, the police officers could not understand everything you were telling them; Further, it is your attitude and your conduct that are the cause of this obstruction.
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8.
Wellwood B.M. (Major), R. v. - 2014 CM 1003 - 2014-02-19
Courts Martial - Sentence - AvailableLocation: CFB Valcartier, building 534, the Academy, Courcelette, QC. Charges •Charge 1 (alternate to charge 2): S. 130 NDA, obstructed a peace officer in the execution of his duties (s. 129 CCC). [...] [1] The General Court Martial found Major Wellwood guilty today: first, of the offence of resisting or wilfully obstructing a peace officer in the execution of his duty, an offence punishable under section 130 of the de National Defence Act, contrary to section 129 of the Criminal Code; and, second, of an offence of [...] The prosecution submitted that recent Court Martial decisions regarding obstruction define the range of sentences applicable to such offences.
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9.
Luey C.I. (Ex-Private), R. v. - 2012 CM 2009 - 2012-08-09
Courts Martial - Finding - AvailableIn the present case, defence counsel for Private Luey concedes that the statements made by Private Luey during the initial part of the conversation are voluntary, but it is submitted that the nature of the conversation changed at a point where the investigator threatened to charge Private Luey with obstructing a peace [...] In the course of the conversation Master Corporal Krull was not satisfied with the information he was getting from Private Luey, and in an attempt to encourage more cooperation he told Private Luey that he was withholding information and that this might amount to obstructing Master Corporal Krull in the course of his [...] Even if Master Corporal Krull's statements to Private Luey are properly interpreted as a threat to charge Private Luey with the offence of obstructing a peace officer if he did not disclose the names, then it is a threat which did not affect Private Luey's behaviour.
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10.
Wright J.T. (Captain), R. v. - 2012 CM 3002 - 2013-01-22
Courts Martial - Charter Decisions - AvailableLocation: 14 Wing Greenwood, Birchall Training Centre, building 221, Administration Drive, Greenwood, NS. Charges •Charge 1 (alternate to charge 2): S. 130 NDA, obstructing justice (s. 139(2) CCC). [...] •Charge 3 (alternate to charge 4): S. 130 NDA, obstructing justice (s. 139(2) CCC). [...] [1] Captain Wright is charged with two service offences under section 130 of the National Defence Act for having obstructed justice contrary to subsection 139(2) of the Criminal Code, and alternatively with two service offences for an act to the prejudice of good order and discipline for having submitted a false email as
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11.
Cruz D.J. (Private), R. v. - 2010 CM 2020 - 2010-12-07
Courts Martial - Charter Decisions - Available•Charge 5: S. 130 NDA, obstructing justice (s. 139(2) CCC). Results •FINDINGS: Charges 1, 2, 3, 4, 5: Not guilty. [...] [5] The five charges fall into three groups: the first two charges allege the making of false statements in official documents; charges three and four allege fraud in the claiming of separation expenses; and the fifth charge alleges an attempt to obstruct the course of justice.
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12.
Grégoire M.L.M. (Corporal), R. v. - 2005 CM 11 - 2005-04-11
Courts Martial - Sentence - Available• Charges 2, 3, 4: S. 130 NDA, obstructs a peace officer (s. 129(a) CCC). [...] The 3rd count, an offence punishable under section 130 of the National Defence Act, contrary to paragraph 129(a) of the Criminal Code, to wit, obstruct a peace officer in the execution of his duty, is punishable by imprisonment for a term not exceeding two years, when the accused is prosecuted by indictment.
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13.
Wells S.J. (Corporal), R. v. - 2007 CM 2006 - 2007-04-11
Courts Martial - Sentence - AvailableBurry was charged with obstructing a peace officer and drunkenness, and at a summary trial, was sentenced to 14 days' detention and a fine of $1,000. [...] As well, the military police had to resort to the use of disabling pepper spray in order to deal with the persistent and obstructive aggressiveness of Master Corporal Burry.
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14.
Renaud J. (Captain), R. v. - 2019 CM 4022 - 2019-07-30
Courts Martial - Decision as Directed by the Judge - AvailableRenaud J. (Captain), R. v., Renaud J. (Capitaine), R. c., 2019 CM 4022, 2019 CM 4022, 201882 Date of commencement of trial: 15 July 2019 Location: 2nd Wing Bagotville, building 81, room 202, Windsor Street, Alouette, QC Charges: Charge 1: S. 130 NDA, obstructing justice (s. 139(2) CCC). [...] The first and second counts, under paragraph 130(1)(b) of the National Defence Act (NDA), allege, first, that he obstructed justice contrary to subsection 139(2) of the Criminal Code and, second, that he committed a breach of trust contrary to section 122 of the Criminal Code. [...] “Particulars: In that, between on or about 29 September 2017 and on or about 6 October 2017, in or near Constanta, Romania, he wilfully attempted to obstruct, divert or thwart the course of justice by asking V.M. to delete from her smartphone photographs and text messages of a sexual nature that he had transmitted to her.”
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15.
Laflamme J.S.R. (Master Corporal), R. v. - 2015 CM 3014 - 2015-09-14
Courts Martial - Sentence - Available [ French ]Location: 8 Wing Trenton, building 22, 74 Polaris Avenue, Astra, ON. Charges: • Charge 1 (alternate to charge 2): S. 130 NDA, obstructs a peace officer in the execution of his duty (s. 129(a) CCC). [...] • Charge 3 (alternate to charge 4): S. 130 NDA, obstructs a peace officer in the execution of his duty (s. 129(a) CCC).
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16.
Thies J.B. (Leading Seaman), R. v. - 2014 CM 3006 - 2014-04-04
Courts Martial - Finding - Available(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or [...] (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property. [...] [69] To interfere with property includes destroying or damaging property as well as rendering the property useless, inoperative or ineffective The person also interferes with property if he obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property, or any person who is lawfully using,
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17.
Williams D.J.G. (Master Corporal), R. v. - 2011 CM 2008 - 2011-05-06
Courts Martial - Finding - AvailableThe room was relatively small and there does not appear to be anything that would have obstructed anyone's view of what was going on in the room.
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18.
Index of Decisions from 2000 to 2003 - 2015-01-28
Courts Martial - AvailableCharge 1: S. 130 NDA, willfully attempt to obstruct, pervert or defeat the course of justice (s. 139(2) CCC). [...] Charge 2 (alternate to charge 3): S. 130 NDA, obstructing a peace officer in the execution of his duty (s. 129 CCC). [...] Charge 10: S. 130 NDA, obstructing justice (s. 139 CCC). Findings: Charges 1, 3, 4, 9, 10: Not guilty.
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19.
Admiraal L.W. (Ordinary Seaman), R. v. - 2014 CM 1016 - 2014-07-17
Courts Martial - Sentence - Available•Charge 3 (alternate to charge 4): S. 130 NDA, obstructing justice (s. 139(2) CCC).
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20.
Mason A. (Master Corporal), R. v. - 2023 CM 2004 - 2023-03-13
Courts Martial - Decision as Directed by the Judge - AvailableIf the publication of a complainant’s name is an impediment to reporting sexual misconduct and it obstructs the access to justice by hampering the CAF’s ability to regulate the misconduct, then the Court must take notice.
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21.
McConnell R.K. (Ex-Ordinary Seaman), R. v. - 2013 CM 4022 - 2013-09-26
Courts Martial - Sentence - AvailableLocation: HMCS PREVOST, 19 Becher Street, London, ON. Charges •Charge 1: S. 130 NDA, obstructing justice (s. 139 CCC).
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22.
Grondines M.R.J. (Ex-Ordinary Seaman), R. v. - 2013 CM 3016 - 2013-06-17
Courts Martial - Sentence - AvailableLocation: 6080 Young Street, 5th floor, courtroom, Halifax, NS. Charges •Charge 1: S. 130 NDA, obstructing justice (s. 139 CCC).
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23.
April J.D. (Warrant Officer), R. v. - 2012 CM 1020 - 2012-11-30
Courts Martial - Sentence - Available•Charges 2, 4: S. 130 NDA, wilfully obstructed a peace officer in the execution of his duty (s. 129(a) CCC).
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24.
Cruz D.J. (Private), R. v. - 2010 CM 2021 - 2010-12-07
Courts Martial - Charter Decisions - Available•Charge 5: S. 130 NDA, obstructing justice (s. 139(2) CCC). Results •FINDINGS: Charges 1, 2, 3, 4, 5: Not guilty.
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25.
Biron J.C. (Sergeant), R. v. - 2010 CM 4009 - 2010-09-27
Courts Martial - Sentence - AvailableThey explain that you suffer from severe obstructive sleep apnea. I cannot agree with your counsel that they explain why you deleted—or help explain why you deleted from your PDR the comment from your supervisor that you should seek medical help because you were falling asleep at your desk.