Perjury and Related Forms of Obstruction (Sentencing Cases): Difference between revisions
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{{SCase1|''R v Millington'', <br>[http://canlii.ca/t/gkh89 2015 BCSC 1380] (CanLII){{perBCSC|Ehrcke J}} |30 months | "Millington made false statements at the inquiry into the death of Robert Dziekanski at the Vancouver International Airport. He was one of the four police officers who had detained Mr. Dziekanski at the airport. Millington applied a taser to Mr. Dziekanski five times, which led to Dziekanski’s death. The perjury was on material aspects of the encounter, and his evidence had been contradicted by video. The testimony frustrated the ability of the inquiry in its search for answers. His evidence continued over several days and unfairly cast the victim in a negative light. Millington had no prior record and many letters referencing his good character. The court referred to numerous prior cases setting out the sentencing range for perjury. The court rejected the option of a conditional sentence because it would not adequately meet the need for deterrence and denunciation."}} | {{SCase1|''R v Millington'', <br>[http://canlii.ca/t/gkh89 2015 BCSC 1380] (CanLII){{perBCSC|Ehrcke J}} |30 months | "Millington made false statements at the inquiry into the death of Robert Dziekanski at the Vancouver International Airport. He was one of the four police officers who had detained Mr. Dziekanski at the airport. Millington applied a taser to Mr. Dziekanski five times, which led to Dziekanski’s death. The perjury was on material aspects of the encounter, and his evidence had been contradicted by video. The testimony frustrated the ability of the inquiry in its search for answers. His evidence continued over several days and unfairly cast the victim in a negative light. Millington had no prior record and many letters referencing his good character. The court referred to numerous prior cases setting out the sentencing range for perjury. The court rejected the option of a conditional sentence because it would not adequately meet the need for deterrence and denunciation."}} | ||
{{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 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){{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}} | 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 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. }} | ||
Revision as of 12:57, 24 January 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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