Perjury and Related Forms of Obstruction (Sentencing Cases): Difference between revisions

@@ Line 17: / Line 17: @@
 {{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 Lamoureux, <br> [http://canlii.ca/t/gmbc8 2015 QCCQ 11790] (CanLII){{perQCCC|Lachance J}} | 10 months | }}
 {{SCase1|''R v Reyat'', [http://canlii.ca/t/g64pl 2014 BCCA 101] (CanLII){{perBCCA|Saunders JA}} | 9 years | "A jury found Reyat guilty of perjury in proceedings that alleged 19 false statements. Reyat was a key witness in the murder trial of two Air India bombers, Malik and Bagri. Reyat had falsely claimed he did not remember important details of the narrative. His evidence foreclosed a relevant line of questioning and related to central events in the matter. His conduct was characterized as a stain on the process of a mass murder trial and was a deliberate attempt to frustrate justice. Reyat had also been convicted of three counts of manslaughter related to the Air India bombing prior to the Malik and Bagri trial. He received the longest sentence in Canadian history for perjury, 9 years’ imprisonment." The offence was politically motivated. He was previously convicted of manslaughter linked to the bombing. }}
+{{SCase1|''R v Webster'', <Br> [http://canlii.ca/t/gf88p 2014 CanLII 66459] (NL SC){{perNLSC|Handrigan J}} | 6 months | }}
 {{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 Talbot,<br>[2013] O.J. No. 3230 (SC){{fix}}| 16 months| "At his bail hearing for a breach of probation charge, the accused provided two fabricated letters and gave false oral evidence suggesting that he was employed and that he required bail to maintain that employment. These actions were found to show significant planning and deliberation. The evidence was for his own benefit and it resulted in him ultimately receiving an intermittent sentence for the underlying offence. He accused was indigenous and had a history of substance abuse. He had a lengthy prior record. He plead guilty and he had participated in counselling and rehabilitative efforts."}}
+{{SCase1|''R v Owen'',<Br>[http://canlii.ca/t/gjmsc 2015 ONCA 462] (CanLII){{fix}} | 18 months CSO| }}
+{{SCase1|''R v Bermudez'',<br>[http://canlii.ca/t/fwhl3 2013 ONCJ 113] (CanLII){{perONCJ|Brewer J}}| 3.5 years |"Burmudez plead guilty to eight counts of giving contradictory evidence in the proceedings related to his former common-law partner’s second-degree murder charge. The charge related to the death of her two-year old daughter. He gave contradictory evidence at various points in the proceedings about significant aspects of the evidence involving the commission of the offence, and his contradictions resulted in delays in the proceedings. He had a prior conviction for fraud and breach of probation. His motivation was related to his relationship with the accused. He had been abusing substances since the death of the child and his own child had been apprehended and made a ward of the state. He had a supportive family and had maintained gainful employment." He was 39 yeras old. He plead guilty and accepted responsibility. He was on strict conditions for 20 months. }}
+{{SCase1|''R v Talbot'',<br>[2013] O.J. No. 3230 (SC){{fix}}| 16 months| "At his bail hearing for a breach of probation charge, the accused provided two fabricated letters and gave false oral evidence suggesting that he was employed and that he required bail to maintain that employment. These actions were found to show significant planning and deliberation. The evidence was for his own benefit and it resulted in him ultimately receiving an intermittent sentence for the underlying offence. He accused was indigenous and had a history of substance abuse. He had a lengthy prior record. He plead guilty and he had participated in counselling and rehabilitative efforts."}}
+{{SCase1|''R v Slobbe'',<Br>[http://canlii.ca/t/fkg4n 2011 BCCA 107] (CanLII) | 3 months | }}
 {{SCase1|''R v White'',<br>2010 ONSC 6539{{fix}} | 30 months | "White gave perjured evidence in his own trial for possession of a firearm and possession of marijuana for the purpose of trafficking.  Had the accused’s evidence been accepted, it would have resulted in the police evidence being rejected. In mitigation the accused was an involved parent of two children. In aggravation, the perjury was planned and deliberate, and his sister assisted by corroborating his perjured evidence. The evidence accused the police of lying and had been repeated in multiple proceedings (in a first trial, and on the retrial following an appeal). The underlying offence was very serious."}}
-{{SCase1|''R v Hedderson'',<br> [http://canlii.ca/t/1n7d8 2006 CanLII 15422] (NL P.C.){{perNLPC|Gorman J}}| 2 years |}}
+{{SCase1|''R v Jackson'', <br> [http://canlii.ca/t/2bfc1 2010 BCCA 330] (CanLII){{fix}} | 30 months | }}
+{{SCase1|''R v Adams'',<Br> [http://canlii.ca/t/25kzf 2009 NSPC 44] (CanLII){{perNSPC|Williams J}} | 6 months | }}
+{{SCase1|''R v Rodney'',<br> [http://canlii.ca/t/1s5c9 2007 CanLII 28222] (ON SC){{perONSC|Ferguson J}} | 3 month CSO | }}
+{{SCase1|''R v Deutsch'', [http://canlii.ca/t/1tphf 2007 CanLII 48986] (ON SC) | 1 year | }}
+{{SCase1|''R v Hedderson'',<br> [http://canlii.ca/t/1n7d8 2006 CanLII 15422] (NL P.C.){{perNLPC|Gorman J}}| 2 years | }}
+{{SCase1|''R v Corbett'',<Br> [http://canlii.ca/t/1nfpd 2006 BCCA 257] (CanLII) | 1 year | }}
 {{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 |
 The accused "filed an application in Supreme Court in Vancouver to vary the terms of his bail. [It included] a letter sworn by Mr. J.W.C. to be from his employer.  The contents of the affidavit and the supporting letter explain the reasons and need for the bail variation. ...In fact, the letter attached to the affidavit was not written by Mr. J.W.C.’s employer.  ...  Mr. J.W.C. wrote and signed the letter without the employer’s knowledge or permission.   The Bail Variation Application did not proceed." The offender was 24 years old. He had a record of B&Es, stolen property, breach of court orders x 5, assault, mischief, and public mischief}}
+{{SCase1|''R v Spath'',<br>[http://canlii.ca/t/5d60 2003 ABCA 46] (CanLII) | 1 year | }}
+{{SCase1|''R v Desmarais'',<Br> [http://canlii.ca/t/6v9j 2003 CanLII 7908] (ON SC){{perONSC|Nedeau J}} | 8 months | }}
+{{SCase1|''R v Ericksen'',<Br>[http://canlii.ca/t/5gs9 2002 YKTC 61] (CanLII){{perYKTC|Faulkner J}} | 7 months | }}
 {{SCase1|''R v CD'',<br>[http://canlii.ca/t/1cwrl 2000 CanLII 3118] (ON CA), (2000), 132 O.A.C. 133 (C.A.){{TheCourtONCA}}| 1 year | "CD committed perjury in circumstances intended for his own benefit.  He had applied for bail pending appeal from his sexual assault convictions. In his supporting affidavit, he had falsely sworn that two employers knew of his convictions and were willing to hire him notwithstanding if he were to be released. The court of appeal noted that graver circumstances, such as giving false evidence in the trial of a serious matter, would generally merit a heavier sentence. His 1-year sentence, which was consecutive to his sexual assault sentence, was recognized as being within the range."}}
@@ Line 36: / Line 62: @@
 {{SCase1|''R v Colbourne'',<br> [http://canlii.ca/t/5fkl 2002 ABPC 141] (CanLII){{perABPC|Semenuk J}}| 90 days jail | testified in traffic court and accused was acquitted as a result; limited record}}
+{{SCase1|''R v Langevin', [http://canlii.ca/t/h2r9d 2001 ABQB 302] (CanLII){{perABQB|Lee J}} | 16 months CSO | }}
 {{SCase1|''R v Jonas'',<br>[http://canlii.ca/t/233g9 1998 CanLII 17690] (ON CA){{TheCourtONCA}} | 15 month (perjury)<br>7 years (global) | "Jonas lied at his own bail hearing stage about the circumstances of a prior conviction, by suggesting that the circumstances of the conviction arose from his involvement in assisting police. His defence at trial was that he did not intend to mislead. He had a prior lengthy record including administration of justice offences and had three times served penitentiary sentences. He had a recent good work report, and a limited work history due to prior sentences."}}
@@ Line 43: / Line 71: @@
 {{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 |"Burmudez plead guilty to eight counts of giving contradictory evidence in the proceedings related to his former common-law partner’s second-degree murder charge. The charge related to the death of her two-year old daughter. He gave contradictory evidence at various points in the proceedings about significant aspects of the evidence involving the commission of the offence, and his contradictions resulted in delays in the proceedings. He had a prior conviction for fraud and breach of probation. His motivation was related to his relationship with the accused. He had been abusing substances since the death of the child and his own child had been apprehended and made a ward of the state. He had a supportive family and had maintained gainful employment." He was 39 yeras old. He plead guilty and accepted responsibility. He was on strict conditions for 20 months. }}
+{{SCase1|''R v Van Straten'',<br> [http://canlii.ca/t/2dbgp 1994 ABCA 135] (CanLII) | 1 year | }}
+{{SCase1|''R v Costain'', <br> [http://canlii.ca/t/234lw 1994 CanLII 8798] (PE SCAD){{perPEICA|Mitchell JA}} |6 months + Probation | }}
+{{SCase1|''R v Bricker'',<br> [http://canlii.ca/t/6k27 1994 CanLII 630] (ON CA){{perONCA|Laskin JA}} | 6 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.}}