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