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Elements of Obstruct Peace Officer – Section 129

Date and Time and Location of the Offence

Identification of the Accused

The Accused Obstructed

  • The accused must be willful in their obstruction. ¬†Verbally challenging the actions or authourity of the peace officer will not be sufficient.
  • The actions of the accused will clearly have placed unnecessary obstructions in the way of the officer carrying out their duty.

The Accused knew the other person was a “Peace Officer”

  • Frequent defences are that the accused thought the other person was a security guard, postal employee or any occupation that utilizes a uniform.

The Peace officer was in their “Lawful Execution of Duty”

  • Clearly articulate the specific duty in which the office was engaged at the time of the obstruction
  • Articulate how it should have been clear, to a reasonable prudent person, that the officer was engaged in their duty

The Obstruct Warning

  • Was the obstruct warning given to the accused