Perjury and Related Forms of Obstruction (Sentencing Cases): Difference between revisions
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{{SCase1|''R v Owen'',<Br>[http://canlii.ca/t/gjmsc 2015 ONCA 462] (CanLII){{fix}} | 18 months CSO| }} | {{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 | {{SCase1|''R v Bermudez'',<br>[http://canlii.ca/t/fwhl3 2013 ONCJ 113] (CanLII){{perONCJ|Brewer J}}{{JailY|3.5}}"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 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."}} |
Revision as of 08:29, 14 April 2020
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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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