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

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 {{SCase1| {{CanLIIR-S|Vanier|hss5k|2018 ONCS 4070 (CanLII)}}{{perONSC|Thorburn J}} | {{JailY|3}} | }}
-{{SCase1|''R v Hansen'',<br> [http://canlii.ca/t/grx7v 2016 ONSC 3583] (CanLII){{perONSC|Braid J}} | 5 years | The offender was convicted of perjury for conspiring with an informer to set up a drug dealer for a serious offence. He sworn a false information to obtain a residential search warrant. He was a 41 year old and had been working with Hamilton police since 2000. The offence was an abused of special trust and involved planning and deliberation.  }}
+{{SCase1|''R v Hansen'',<br> [http://canlii.ca/t/grx7v 2016 ONSC 3583] (CanLII){{perONSC|Braid J}} | {{JailY|5}} | The offender was convicted of perjury for conspiring with an informer to set up a drug dealer for a serious offence. He sworn a false information to obtain a residential search warrant. He was a 41 year old and had been working with Hamilton police since 2000. The offence was an abused of special trust and involved planning and deliberation.  }}
-{{SCase1|''R v Schertzer'',<br>[http://canlii.ca/t/gh86h 2015 ONCA 259] (CanLII){{perONCA|Benotto JA}}| 3 years |"Five members of the Toronto Police Service Drug Squad have lied about when a search was conducted - see if it was before or after the warrant arrived at the scene. The agents falsified their notes; have lied in a subsequent information to obtain a search warrant; and gave false testimony in order to conceal the real moment of execution of the search. All of the defendants were found guilty of attempting to obstruct justice. Three of the defendants were also convicted of perjury." }}
+{{SCase1|''R v Schertzer'',<br>[http://canlii.ca/t/gh86h 2015 ONCA 259] (CanLII){{perONCA|Benotto JA}}| {{JailY|3}} |"Five members of the Toronto Police Service Drug Squad have lied about when a search was conducted - see if it was before or after the warrant arrived at the scene. The agents falsified their notes; have lied in a subsequent information to obtain a search warrant; and gave false testimony in order to conceal the real moment of execution of the search. All of the defendants were found guilty of attempting to obstruct justice. Three of the defendants were also convicted of perjury." }}
 {{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."}}
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 {{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 Corbett'',<Br> [http://canlii.ca/t/1nfpd 2006 BCCA 257] (CanLII) | {{JailY1}} | }}
 {{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 Spath'',<br>[http://canlii.ca/t/5d60 2003 ABCA 46] (CanLII) | {{JailY1}} | }}
 {{SCase1|''R v Desmarais'',<Br> [http://canlii.ca/t/6v9j 2003 CanLII 7908] (ON SC){{perONSC|Nedeau J}} | 8 months | }}
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 {{SCase1|''R v Sheppard'',<br>[1995] N.J. No. 330 (P.C.) {{NOCANLII}} |  6 months |}}
-{{SCase1|''R v Van Straten'',<br> [http://canlii.ca/t/2dbgp 1994 ABCA 135] (CanLII) | 1 year | }}
+{{SCase1|''R v Van Straten'',<br> [http://canlii.ca/t/2dbgp 1994 ABCA 135] (CanLII) | {{JailY1}} | }}
 {{SCase1|''R v Costain'', <br> [http://canlii.ca/t/234lw 1994 CanLII 8798] (PE SCAD){{perPEICA|Mitchell JA}} |6 months + Probation | }}
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 {{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.}}
+{{SCase1|''R v Martin'',<br> [http://canlii.ca/t/fvtsl 1993 CanLII 8213] (NB QB){{perNBQB|Creaghan J}} | {{JailY|3.5}} | "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}}