Woman sentenced to four months in jail for spitting on police officers

Leah Jacobson will spend the next four months in jail followed by 12 months of probation for spitting on two police officers and a civilian member of the Moose Jaw Police Service.  

Judge Daryl Rayner gave his sentencing in Moose Jaw Provincial Court on Monday afternoon.  

Jacobson was found guilty of two counts of assaulting a police officer for spitting on Const. Josh MacNaughton and spitting on, kicking and attempting to bite Const. Jim Biniaris. She was also found guilty of common assault for spitting on Moose Jaw Police Service communications officer Mary Kaye MacDonald. The incident took place on Nov. 25, 2019.  

Crown prosecutor Cynthia Alexander was seeking six months of jail time and 12 months of probation, while Jacobson, who was representing herself, was asking for a conditional discharge or a conditional sentence.  

In his sentencing, Rayner said there were a number of aggravating factors. Rayner took into consideration that Jacobson has a prior criminal record, including a conviction for assaulting a police officer in 2015.  

“The conviction from 2015 is concerning,” Rayner said.  

Rayner called the act of spitting “deplorable and vulgar acts that are disrespectful.” He said, while there was no evidence of a health risk, there was concerns from both officers to the point they felt they needed to go to the hospital to be checked out. Rayner noted the evidence showed she mocked the officers by asking wouldn’t the officers like to know if she had any communicable diseases.  

Rayner acknowledged that Jacobson’s actions were likely fueled by intoxications, but were insensitive nonetheless.  

Other aggravating factors included that Jacobson was difficult to deal with from the very start of her interactions with police, the police officers were vulnerable victims as they work in close contact with the public and can be susceptible to similar attacks and she initially had little remorse by saying she had no memory of the incidents. 

In the defence’s submissions, Rayner considered that Jacobson did show remorse during sentencing submissions by saying her actions were not acceptable and she was ashamed of how she acted.  

Jacobson also submitted a number of health documents that could explain her interactions with the police.  

Rayner said that Jacobson has three children including two teenage daughters that live with her and she would lose income assistance while incarcerated and her parents would have to support the children. He noted that, since the 2015 conviction, she had been on probation for five years without any issues.  

A previous pre-sentencing report was also taken into consideration that said Jacobson has taken considerable steps to correct her behaviour.  

Other factors Rayner took into consideration were that Jacobson received bruising from her interactions with the police and Biniaris struck her after he was spat on. Rayner said police officers should exercise restraint and that the punch was reactionary and not self-defence.  

In Rayner’s conclusion, he said Jacobson’s actions would normally warrant six months of jail and 12 months of probation. In reducing the sentence, Rayner took into consideration that Jacobson suffered injuries and bruising due to actions by the police and that she had not consented to be sent to the hospital to have a doctor try and convince her to give a blood sample. Rayner felt her refusal should have been respected.