R. v. Upshaw

R. v. Upshaw

The contemnor knowingly and deliberately refused to testify despite warning of consequences, there were no mitigating factors or evidence of duress, and because such conduct gravely undermines the administration of justice and demands general deterrence, a custodial sentence of two years is proportionate and appropriate.

Citation
2013 NSPC 1
Parties
Crown: Her Majesty the Queen; Accused (youth): T.(B.); Contemnor/respondent: Jerricho Upshaw; Co Accused: Christopher Picco
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 January 2013
Procedural Posture
Contempt Proceedings in Criminal Matter; Youth Justice Context / Sentencing Decision
Outcome
Found in contempt of court for refusing to testify; sentenced to two years' imprisonment (custodial federal term accepted as joint recommendation).
Legal Topics
Refusal to Testify, Subpoena Compliance, Sentencing Principles, General Deterrence, Duress as Defence, Publication Ban
Source Language
English
Criminal Law Contempt of Court Evidence Youth Justice Refusal to Testify Subpoena Compliance Sentencing Principles General Deterrence +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Her Majesty the Queen

Crown

T.(B.)

Accused (youth)

Jerricho Upshaw

Contemnor/respondent

Christopher Picco

Co Accused

Procedural Posture

Contempt Proceedings in Criminal Matter; Youth Justice Context / Sentencing Decision

Legal Issues

  1. 1 Whether refusal to testify under subpoena constitutes contempt of court
  2. 2 What sentence is appropriate for contempt by refusing to testify
  3. 3 Whether duress or fear justifies refusal to testify

Ratio Decidendi

The contemnor knowingly and deliberately refused to testify despite warning of consequences, there were no mitigating factors or evidence of duress, and because such conduct gravely undermines the administration of justice and demands general deterrence, a custodial sentence of two years is proportionate and appropriate.

Court Disposition

Found in contempt of court for refusing to testify; sentenced to two years' imprisonment (custodial federal term accepted as joint recommendation).

Orders

  • Contemnor found guilty of contempt of court for refusal to testify under subpoena
  • Sentence imposed: two years' imprisonment