Perjury and Related Forms of Obstruction (Sentencing Cases): Difference between revisions
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{{SCase1|''R v | {{SCase1|''R v Vanier'', <br> [http://canlii.ca/t/hss5k 2018 ONCS 4070] (CanLII){{perONSC|Thorburn J}} | 3 years | }} | ||
{{SCase1|''R v Hansen'',<br> [http://CanLII.ca/t/grx7v 2016 ONSC 3583] (CanLII){{perONSC|Braid J}} | 5 years | The offender was convicted of perjury for conspiring with an informer to set up a drug dealer for a serious offence. He sworn a false information to obtain a residential search warrant. He was a 41 year old and had been working with Hamilton police since 2000. The offence was an abused of special trust and involved planning and deliberation. }} | |||
{{SCase1|''R v Schertzer'',<br>[http://canlii.ca/t/gh86h 2015 ONCA 259] (CanLII){{perONCA|Benotto JA}}| 3 years |"Five members of the Toronto Police Service Drug Squad have lied about when a search was conducted - see if it was before or after the warrant arrived at the scene. The agents falsified their notes; have lied in a subsequent information to obtain a search warrant; and gave false testimony in order to conceal the real moment of execution of the search. All of the defendants were found guilty of attempting to obstruct justice. Three of the defendants were also convicted of perjury." }} | |||
{{SCase1|''R v Millington'', <br>[http://canlii.ca/t/gkh89 2015 BCSC 1380] (CanLII){{perBCSC|Ehrcke J}} |30 months | The offender was a police officer who had tasered a person at the airport who then died. He then perjured himself at a public inquiry.}} | {{SCase1|''R v Millington'', <br>[http://canlii.ca/t/gkh89 2015 BCSC 1380] (CanLII){{perBCSC|Ehrcke J}} |30 months | The offender was a police officer who had tasered a person at the airport who then died. He then perjured himself at a public inquiry.}} | ||
{{SCase1|''R v Robinson, <br> [http://canlii.ca/t/gkwtz 2015 BCSC 1535] (CanLII){{perBCSC|Smith J}} | {{TwoYearsLess}} | "The accused, a police officer, was found guilty of perjury. He was present when a Taser was used against Robert Dziekanski at YVR airport. Mr. Dziekanski died later. The accused testified at a public inquiry and lied about the circumstances that led to Mr. Dziekanski's death." }} | |||
{{SCase1|''R v Reyat'', [http://canlii.ca/t/g64pl 2014 BCCA 101] (CanLII){{perBCCA|Saunders JA}} | 9 years | "The accused was found guilty of perjury for his false testimony in the Air India case (bombing of Air India Flight 182 that killed 329 people). The accused falsely stated that he did not recall any details of the plot to bomb the aircraft." The offence was politically motivated. He was previously convicted of manslaughter linked to the bombing. }} | |||
{{SCase1|''R v Akinyemi'', <br> [http://canlii.ca/t/g7d3s 2014 ONCJ 278] (CanLII){{perONCJ|De Filippis J}}|90 days | found guilty of public mischief, fraud over, and perjury. The offender made a false report of a vehicle theft to collect insurance.}} | {{SCase1|''R v Akinyemi'', <br> [http://canlii.ca/t/g7d3s 2014 ONCJ 278] (CanLII){{perONCJ|De Filippis J}}|90 days | found guilty of public mischief, fraud over, and perjury. The offender made a false report of a vehicle theft to collect insurance.}} | ||
{{SCase1|''R v Dorn'',<br>2010 ONSC 2631{{fix}} | 2 years | "The accused pleaded guilty to perjury by giving contradictory evidence. He had testified falsely to a preliminary investigation of murder in 1 st degree". The offender plead guilty. He had a positive pre-sentence report and no prior record.}} | |||
{{SCase1|''R v Hedderson'',<br> [http://canlii.ca/t/1n7d8 2006 CanLII 15422] (NL P.C.){{perNLPC|Gorman J}}| 2 years |}} | {{SCase1|''R v Hedderson'',<br> [http://canlii.ca/t/1n7d8 2006 CanLII 15422] (NL P.C.){{perNLPC|Gorman J}}| 2 years |}} | ||
{{SCase1|''R v Desnomies'', <br> [http://canlii.ca/t/1mbln 2005 SKCA 148] (CanLII){{perSKCA|Gerwing JA}} | {{TwoYearsLess}} | "The accused was found guilty of presenting conflicting evidence.She testified at the preliminary inquiry of her friend, who was charged with second degree murder. She stated that her friend had confessed to killing the victim. She then presented contradictory testimony to her friend's trial, denying the confession."}} | |||
{{SCase1|''R v JWC'',<br>[2005] BCJ No. 2710 (P.C.), [http://canlii.ca/t/1m7sl 2005 BCPC 565] (CanLII){{perBCPC|Moon J}} | 18 months |}} | {{SCase1|''R v JWC'',<br>[2005] BCJ No. 2710 (P.C.), [http://canlii.ca/t/1m7sl 2005 BCPC 565] (CanLII){{perBCPC|Moon J}} | 18 months |}} | ||
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{{SCase1|''R v Sheppard'',<br>[1995] N.J. No. 330 (P.C.) {{NOCANLII}} | 6 months |}} | {{SCase1|''R v Sheppard'',<br>[1995] N.J. No. 330 (P.C.) {{NOCANLII}} | 6 months |}} | ||
{{SCase1|''R v Bermudez'',<br>[http://canlii.ca/t/fwhl3 2013 ONCJ 113] (CanLII){{perONCJ|Brewer J}}| 3.5 years |"The accused pled guilty to 8 counts of giving evidence to the contrary. He falsely testified in a murder trial 2 e degree with a desire to help his friend accused of murder." He was 39 yeras old. He plead guilty and accepted responsibility. He was on strict conditions for 20 months. }} | |||
{{SCase1|''R v Martin,<br> [http://canlii.ca/t/fvtsl 1993 CanLII 8213] (NB QB){{perNBQB|Creaghan J}} | 3.5 years | "The accused pleaded guilty to perjury. He testified falsely in a murder trial 2 e degree that the victim was already dead when he arrived home with his friend Mr. Gallant. He sought to give the false impression that Mr. Gallant could not have killed her." He had a minor criminal record.}} | |||
{{SCase1|''R v Kusnezoff'',<br>[http://canlii.ca/t/1d8hq 1991 CanLII 1968] (BC C.A.){{perBCCA|Lambert JA}} | 18 months | testimony in drug trafficking trial; good psr; limited record}} | {{SCase1|''R v Kusnezoff'',<br>[http://canlii.ca/t/1d8hq 1991 CanLII 1968] (BC C.A.){{perBCCA|Lambert JA}} | 18 months | testimony in drug trafficking trial; good psr; limited record}} | ||
{{SCase1|''R v Crawford'',<br>(1988), 81 N.S.R. (2d) 88{{NOCANLII}}| |}} | {{SCase1|''R v Crawford'',<br>(1988), 81 N.S.R. (2d) 88{{NOCANLII}}| |}} | ||
{{SCase1|''R v Jordan'',<br>[http://canlii.ca/t/2djwx 1986 ABCA 168] (CanLII){{fix}} | 2.5 and 4 years |"The two accused, Sager and Jordan, pleaded guilty to perjury charges. This is Schimmens' friend and girlfriend, who have been charged with first degree murder. They followed Schimmens' instructions, which told them to read the transcripts of the preliminary inquiry in order to adapt their testimony so as to provide him with an alibi, but then to deny that they did that during the trial." }} | |||
{{SCase1|''R v Moulton'',<br>[1984] N.J. No. 75 (C.A.){{NOCANLII}} | 30 days |Judge called it a "lenient" sentence}} | {{SCase1|''R v Moulton'',<br>[1984] N.J. No. 75 (C.A.){{NOCANLII}} | 30 days |Judge called it a "lenient" sentence}} | ||
{{SCase1|''R v Glauser'',<br> (1981), CR (3d) 287 , [1981] AJ No. 968 (CA), [http://canlii.ca/t/fp6k0 1981 ABCA 345] (CanLII){{perABCA|Lieberman JA}}{{fix}} | 6 years | "The accused was convicted of perjury. He witnessed the Crown at trial for the murder of his brother and another person. He falsely claimed that he did not remember certain relevant events. His brother was acquitted of the murder; the co-accused has been convicted." He had a long criminal record of dishonesty.}} | |||
{{SCase1|R v Edward Morgan<br>(1979), 19 Nfld. & P.E.I.R. 176 (N.L.C.A.){{NOCANLII}} | 15 months |}} | {{SCase1|R v Edward Morgan<br>(1979), 19 Nfld. & P.E.I.R. 176 (N.L.C.A.){{NOCANLII}} | 15 months |}} | ||
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{{SCase1|R v Morgan & Morgan<br>(1979), 19 Nfld. & P.E.I.R. 187 (N.L.C.A.){{NOCANLII}} | 3 months |}} | {{SCase1|R v Morgan & Morgan<br>(1979), 19 Nfld. & P.E.I.R. 187 (N.L.C.A.){{NOCANLII}} | 3 months |}} | ||
Revision as of 20:39, 6 April 2019
- < Sentencing
- < Cases
Perjury
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Obstructing Justice (s. 139)
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Public Mischief
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Fabricating Evidence
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Giving a False Sworn Statement
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Giving Contradictory Evidence
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