Keeping Up Is Hard to Do:
A Trial Judge’s Reading Blog

SENTENCING-INTIMIDATION-SECTION 423 OF THE CRIMINAL CODE

D.P.P. v. Lennon [2021] IECA 30, at paragraph 51:

We consider that in general, the following matters are relevant to where in the scale of offending behaviour the offence will lie. We have chosen from a range of low range, mid-range and upper range. Some of the categories will overlap. Each behaviour does not have to be present for the offence to come within each range. It is a matter for a court to weigh the seriousness of each item and/or the absence of inclusion of certain items for the purpose of identifying the range and the place within the range on which the offence lies. The chart is indicative only of the type of conduct or sequelae that may come within a range and the sentencing judge will have to consider the place on the range that other conduct or sequelae not covered in this chart fit.

Low Range: (0-5 years):

Isolated incident;

Unplanned or sudden outburst;

Sole perpetrator;

Lack of violence or threat of violence;

Psychological injury.

Mid-Range: (5-10 years):

Planning;

Taking place in the home/work/place of study;

Accompanied by criminal damage or threats of violence;

Accompanied by physical violence

Use of a weapon;

Harm to Victim;

The detrimental impact of the offending behaviour on the criminal justice process.

Upper Range: (10-15 years):

Serious or ongoing harm inflicted on victim;

Two or more persons involved;

Involvement of organised crime;

Sustained campaign of intimidation;

Accompanied by other offences against third parties such as false imprisonment;

Potential for serious harm to the administration of justice.