Perjury and Related Forms of Obstruction (Sentencing Cases): Difference between revisions
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{{SCase1|''R v Lamoureux'', <br> [http://canlii.ca/t/gmbc8 2015 QCCQ 11790] (CanLII){{perQCCQ|Lachance J}} | 10 months | }} | {{SCase1|''R v Lamoureux'', <br> [http://canlii.ca/t/gmbc8 2015 QCCQ 11790] (CanLII){{perQCCQ|Lachance J}} | 10 months | }} | ||
{{SCase1|''R v Reyat'', [http://canlii.ca/t/g64pl 2014 BCCA 101] (CanLII){{perBCCA|Saunders JA}} | {{JailY|}} | "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 Reyat'', [http://canlii.ca/t/g64pl 2014 BCCA 101] (CanLII){{perBCCA|Saunders JA}} | {{JailY|9}} | "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}} | {{JailM|6}} | }} | {{SCase1|''R v Webster'', <Br> [http://canlii.ca/t/gf88p 2014 CanLII 66459] (NL SC){{perNLSC|Handrigan J}} | {{JailM|6}} | }} | ||
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{{SCase1|''R v Deutsch'',<BR> [http://canlii.ca/t/1tphf 2007 CanLII 48986] (ON SC) | 1 year | }} | {{SCase1|''R v Deutsch'',<BR> [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}}| {{JailY|}} | }} | {{SCase1|''R v Hedderson'',<br> [http://canlii.ca/t/1n7d8 2006 CanLII 15422] (NL P.C.){{perNLPC|Gorman J}}| {{JailY|2}} | }} | ||
{{SCase1|''R v Corbett'',<Br> [http://canlii.ca/t/1nfpd 2006 BCCA 257] (CanLII) | {{JailY1}} | }} | {{SCase1|''R v Corbett'',<Br> [http://canlii.ca/t/1nfpd 2006 BCCA 257] (CanLII) | {{JailY1}} | }} | ||
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{{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}} | {{JailY|}} | "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 Glauser'',<br> (1981), CR (3d) 287 , [1981] AJ No. 968 (CA), [http://canlii.ca/t/fp6k0 1981 ABCA 345] (CanLII){{perABCA|Lieberman JA}}{{fix}} | {{JailY|6}} | "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 Tippett'',<br>[http://canlii.ca/t/fnlkx 2011 NLTD 149] (CanLII){{perNLSC|Seaborn J}} | 570 days | A Joint Rec.; false evidence on a second degree murder charge}} | {{SCase1|''R v Tippett'',<br>[http://canlii.ca/t/fnlkx 2011 NLTD 149] (CanLII){{perNLSC|Seaborn J}} | 570 days | A Joint Rec.; false evidence on a second degree murder charge}} | ||
{{SCase1|''R v Thomas'',<br>[http://canlii.ca/t/28z1z 2010 ABPC 90] (CanLII){{perABPC|Fradsham J}} | {{JailM|16}} |attempted obstruction; sent a note from jail instructing associate to tell crown witness to forget evidence.}} | {{SCase1|''R v Thomas'',<br>[http://canlii.ca/t/28z1z 2010 ABPC 90] (CanLII){{perABPC|Fradsham J}} | {{JailM|16}} |attempted obstruction; sent a note from jail instructing associate to tell crown witness to forget evidence.}} | ||
{{SCase1|''R v Laing'',<br>[http://canlii.ca/t/28c4h 2010 ABCA 70] (CanLII){{TheCourtABCA}} | {{JailY|}} | accused in jail for shooting a girl, wrote to girl saying to go to the police }} | {{SCase1|''R v Laing'',<br>[http://canlii.ca/t/28c4h 2010 ABCA 70] (CanLII){{TheCourtABCA}} | {{JailY|2}} | accused in jail for shooting a girl, wrote to girl saying to go to the police }} | ||
{{SCase1|''R v Tschetter'',<br>(2009), 466 A.R. 239 (Alta. Prov.Ct.), [http://canlii.ca/t/264np 2009 ABPC 291] (CanLII){{perABPC|Fraser J}} | 12 to 18 months | directed friend to destroy evidence of drinking and driving case; no criminal record; long provincial offence record.}} | {{SCase1|''R v Tschetter'',<br>(2009), 466 A.R. 239 (Alta. Prov.Ct.), [http://canlii.ca/t/264np 2009 ABPC 291] (CanLII){{perABPC|Fraser J}} | 12 to 18 months | directed friend to destroy evidence of drinking and driving case; no criminal record; long provincial offence record.}} | ||
{{SCase1|''R v Van Delft'',<br>[http://canlii.ca/t/1tvgf 2007 ABPC 319] (CanLII){{perABPC|Fradsham J}}|{{JailM|18}} | gave false name to police}} | {{SCase1|''R v Van Delft'',<br>[http://canlii.ca/t/1tvgf 2007 ABPC 319] (CanLII){{perABPC|Fradsham J}}|{{JailM|18}} | gave false name to police}} | ||
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{{SCase1|''R v CEB'',<br> (1995), 57 BCAC 308 (BCCA), [http://canlii.ca/t/1ddjv 1995 CanLII 1533] (BC CA){{perBCCA|Carrothers JA}} | 15 to 18 months | indirect threats and harassment in court parking lot }} | {{SCase1|''R v CEB'',<br> (1995), 57 BCAC 308 (BCCA), [http://canlii.ca/t/1ddjv 1995 CanLII 1533] (BC CA){{perBCCA|Carrothers JA}} | 15 to 18 months | indirect threats and harassment in court parking lot }} | ||
{{SCase1|''R v Jones'', <br> [http://canlii.ca/t/g8wmv 1987 CanLII 5178] (NL SCTD){{perNLSC|Woolridge J}} |90 days intermittent | }} | {{SCase1|''R v Jones'', <br> [http://canlii.ca/t/g8wmv 1987 CanLII 5178] (NL SCTD){{perNLSC|Woolridge J}} |90 days intermittent | }} | ||
{{SCase1|''R v Wales'' <Br>(1978), 25 N.S.R.(2d) 628, 36 A.P.R. 628 (C.A.) | {{JailY|}} | The "offender, who was the Deputy Chief of the Berwick Police Force, left the scene of a motor vehicle accident; persuaded another person to report accident and take responsibility for it" }} | {{SCase1|''R v Wales'' <Br>(1978), 25 N.S.R.(2d) 628, 36 A.P.R. 628 (C.A.) | {{JailY|2}} | The "offender, who was the Deputy Chief of the Berwick Police Force, left the scene of a motor vehicle accident; persuaded another person to report accident and take responsibility for it" }} | ||
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{{SCase1|''R v Dorn'',<br>2010 ONSC 2631{{fix}} | {{JailY|}} | "Dorn was an important witness in a murder trial of four accused. He gave contradictory evidence at the trial and preliminary hearing in the matter on several points in his narrative. The evidence had implications for the degree of responsibility of the various accused and was part of a sustained campaign to benefit his friends who were accused of the murder. He had one prior related conviction involving the same matter. The impact of the contradictory evidence on the result of the trial was difficult to ascertain, though it made the jury’s task more difficult, and it had impaired the truth-seeking function of the trial. The perjury also had a negative emotional impact on the family of the victim. Dorn had an extremely positive presentence report. He had separated himself from his prior associates. He had two young children and was the primary earner in the family. He plead guilty." The offender plead guilty. He had a positive pre-sentence report and no prior record.}} | {{SCase1|''R v Dorn'',<br>2010 ONSC 2631{{fix}} | {{JailY|2}} | "Dorn was an important witness in a murder trial of four accused. He gave contradictory evidence at the trial and preliminary hearing in the matter on several points in his narrative. The evidence had implications for the degree of responsibility of the various accused and was part of a sustained campaign to benefit his friends who were accused of the murder. He had one prior related conviction involving the same matter. The impact of the contradictory evidence on the result of the trial was difficult to ascertain, though it made the jury’s task more difficult, and it had impaired the truth-seeking function of the trial. The perjury also had a negative emotional impact on the family of the victim. Dorn had an extremely positive presentence report. He had separated himself from his prior associates. He had two young children and was the primary earner in the family. He plead guilty." The offender plead guilty. He had a positive pre-sentence report and no prior record.}} | ||
{{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 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."}} | ||
Revision as of 16:58, 13 April 2020
- < 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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