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

From Criminal Law Notebook
No edit summary
Line 45: Line 45:
{{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 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 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 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}}
Line 52: Line 52:


{{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 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 Lau'', <Br>[http://canlii.ca/t/1nqp6 1994 CanLII 4640] (SK CA){{perSKCA|TAllis JA}} | 6 months | The accused testified at a preliminary inquiry. Crown appeals sentence of 3 months.}}


{{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}}
Line 57: Line 59:
{{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 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 |}}


{{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 |}}


{{SCase1|''R v Gilliard''<br>(1979), 20 Nfld. & P.E.I.R. 185 (N.L.C.A.){{NOCANLII}} | 3 months |}}
{{SCase1|''R v Gilliard''<br>(1979), 20 Nfld. & P.E.I.R. 185 (N.L.C.A.){{NOCANLII}} | 3 months |}}

Revision as of 11:45, 11 June 2019

Perjury

Template:SCaseHeader

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

|}

Obstructing Justice (s. 139)

Template:SCaseHeader

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1 Template:SCase1 Template:SCase1 Template:SCase1 Template:SCase1 Template:SCase1 Template:SCase1 Template:SCase1 Template:SCase1 Template:SCase1 Template:SCase1 Template:SCase1 Template:SCase1 Template:SCase1 Template:SCase1 |}

Public Mischief

Template:SCaseHeader

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

|}

Fabricating Evidence

Template:SCaseHeader Template:SCase1

Template:SCase1

|}

Giving a False Sworn Statement

Giving Contradictory Evidence

Template:SCaseHeader

Template:SCase1

Template:SCase1

|}