Perjury and Related Forms of Obstruction (Sentencing Cases): Difference between revisions
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{{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. }} | ||
{{SCase1|''R v Webster'', <Br> [http://canlii.ca/t/gf88p 2014 CanLII 66459] (NL SC){{perNLSC|Handrigan J}} | 6 | {{SCase1|''R v Webster'', <Br> [http://canlii.ca/t/gf88p 2014 CanLII 66459] (NL SC){{perNLSC|Handrigan J}} | {{JailM|6}} | }} | ||
{{SCase1|''R v Akinyemi'', <br> [http://canlii.ca/t/g7d3s 2014 ONCJ 278] (CanLII){{perONCJ|De Filippis J}}|90 days | found guilty of public mischief, fraud over, and perjury. The offender made a false report of a vehicle theft to collect insurance.}} | {{SCase1|''R v Akinyemi'', <br> [http://canlii.ca/t/g7d3s 2014 ONCJ 278] (CanLII){{perONCJ|De Filippis J}}|90 days | found guilty of public mischief, fraud over, and perjury. The offender made a false report of a vehicle theft to collect insurance.}} | ||
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{{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."}} | ||
{{SCase1|''R v Slobbe'',<Br>[http://canlii.ca/t/fkg4n 2011 BCCA 107] (CanLII) | 3 | {{SCase1|''R v Slobbe'',<Br>[http://canlii.ca/t/fkg4n 2011 BCCA 107] (CanLII) | {{JailM|3}} | }} | ||
{{SCase1|''R v White'',<br>2010 ONSC 6539{{fix}} | 30 months | "White gave perjured evidence in his own trial for possession of a firearm and possession of marijuana for the purpose of trafficking. Had the accused’s evidence been accepted, it would have resulted in the police evidence being rejected. In mitigation the accused was an involved parent of two children. In aggravation, the perjury was planned and deliberate, and his sister assisted by corroborating his perjured evidence. The evidence accused the police of lying and had been repeated in multiple proceedings (in a first trial, and on the retrial following an appeal). The underlying offence was very serious."}} | {{SCase1|''R v White'',<br>2010 ONSC 6539{{fix}} | 30 months | "White gave perjured evidence in his own trial for possession of a firearm and possession of marijuana for the purpose of trafficking. Had the accused’s evidence been accepted, it would have resulted in the police evidence being rejected. In mitigation the accused was an involved parent of two children. In aggravation, the perjury was planned and deliberate, and his sister assisted by corroborating his perjured evidence. The evidence accused the police of lying and had been repeated in multiple proceedings (in a first trial, and on the retrial following an appeal). The underlying offence was very serious."}} | ||
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{{SCase1|''R v Jackson'', <br> [http://canlii.ca/t/2bfc1 2010 BCCA 330] (CanLII){{fix}} | 30 months | }} | {{SCase1|''R v Jackson'', <br> [http://canlii.ca/t/2bfc1 2010 BCCA 330] (CanLII){{fix}} | 30 months | }} | ||
{{SCase1|''R v Adams'',<Br> [http://canlii.ca/t/25kzf 2009 NSPC 44] (CanLII){{perNSPC|Williams J}} | 6 | {{SCase1|''R v Adams'',<Br> [http://canlii.ca/t/25kzf 2009 NSPC 44] (CanLII){{perNSPC|Williams J}} | {{JailM|6}} | }} | ||
{{SCase1|''R v Rodney'',<br> [http://canlii.ca/t/1s5c9 2007 CanLII 28222] (ON SC){{perONSC|Ferguson J}} | 3 month CSO | }} | {{SCase1|''R v Rodney'',<br> [http://canlii.ca/t/1s5c9 2007 CanLII 28222] (ON SC){{perONSC|Ferguson J}} | 3 month CSO | }} | ||
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{{SCase1|''R v Spath'',<br>[http://canlii.ca/t/5d60 2003 ABCA 46] (CanLII) | {{JailY1}} | }} | {{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 | {{SCase1|''R v Desmarais'',<Br> [http://canlii.ca/t/6v9j 2003 CanLII 7908] (ON SC){{perONSC|Nedeau J}} | {{JailM|8}} | }} | ||
{{SCase1|''R v Ericksen'',<Br>[http://canlii.ca/t/5gs9 2002 YKTC 61] (CanLII){{perYKTC|Faulkner J}} | 7 | {{SCase1|''R v Ericksen'',<Br>[http://canlii.ca/t/5gs9 2002 YKTC 61] (CanLII){{perYKTC|Faulkner J}} | {{JailM|7}} | }} | ||
{{SCase1|''R v CD'',<br>[http://canlii.ca/t/1cwrl 2000 CanLII 3118] (ON CA), (2000), 132 O.A.C. 133 (C.A.){{TheCourtONCA}}| 1 year | "CD committed perjury in circumstances intended for his own benefit. He had applied for bail pending appeal from his sexual assault convictions. In his supporting affidavit, he had falsely sworn that two employers knew of his convictions and were willing to hire him notwithstanding if he were to be released. The court of appeal noted that graver circumstances, such as giving false evidence in the trial of a serious matter, would generally merit a heavier sentence. His 1-year sentence, which was consecutive to his sexual assault sentence, was recognized as being within the range."}} | {{SCase1|''R v CD'',<br>[http://canlii.ca/t/1cwrl 2000 CanLII 3118] (ON CA), (2000), 132 O.A.C. 133 (C.A.){{TheCourtONCA}}| 1 year | "CD committed perjury in circumstances intended for his own benefit. He had applied for bail pending appeal from his sexual assault convictions. In his supporting affidavit, he had falsely sworn that two employers knew of his convictions and were willing to hire him notwithstanding if he were to be released. The court of appeal noted that graver circumstances, such as giving false evidence in the trial of a serious matter, would generally merit a heavier sentence. His 1-year sentence, which was consecutive to his sexual assault sentence, was recognized as being within the range."}} | ||
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{{SCase1|''R v Jonas'',<br>[http://canlii.ca/t/233g9 1998 CanLII 17690] (ON CA){{TheCourtONCA}} | 15 month (perjury)<br>7 years (global) | "Jonas lied at his own bail hearing stage about the circumstances of a prior conviction, by suggesting that the circumstances of the conviction arose from his involvement in assisting police. His defence at trial was that he did not intend to mislead. He had a prior lengthy record including administration of justice offences and had three times served penitentiary sentences. He had a recent good work report, and a limited work history due to prior sentences."}} | {{SCase1|''R v Jonas'',<br>[http://canlii.ca/t/233g9 1998 CanLII 17690] (ON CA){{TheCourtONCA}} | 15 month (perjury)<br>7 years (global) | "Jonas lied at his own bail hearing stage about the circumstances of a prior conviction, by suggesting that the circumstances of the conviction arose from his involvement in assisting police. His defence at trial was that he did not intend to mislead. He had a prior lengthy record including administration of justice offences and had three times served penitentiary sentences. He had a recent good work report, and a limited work history due to prior sentences."}} | ||
{{SCase1|''R v Johnson'',<br>[1996] 182 N.B.R. (2d) 373, [http://canlii.ca/t/1lxfb 1996 CanLII 4835] (NB CA){{perNBCA|Bastarache JA}} | 3 | {{SCase1|''R v Johnson'',<br>[1996] 182 N.B.R. (2d) 373, [http://canlii.ca/t/1lxfb 1996 CanLII 4835] (NB CA){{perNBCA|Bastarache JA}} | {{JailM|3}} | }} | ||
{{SCase1|''R v Sheppard'',<br>[1995] N.J. No. 330 (P.C.) {{NOCANLII}} | 6 months |}} | {{SCase1|''R v Sheppard'',<br>[1995] N.J. No. 330 (P.C.) {{NOCANLII}} | 6 months |}} | ||
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{{SCase1|''R v Costain'', <br> [http://canlii.ca/t/234lw 1994 CanLII 8798] (PE SCAD){{perPEICA|Mitchell JA}} |6 months + Probation | }} | {{SCase1|''R v Costain'', <br> [http://canlii.ca/t/234lw 1994 CanLII 8798] (PE SCAD){{perPEICA|Mitchell JA}} |6 months + Probation | }} | ||
{{SCase1|''R v Bricker'',<br> [http://canlii.ca/t/6k27 1994 CanLII 630] (ON CA){{perONCA|Laskin JA}} | 6 | {{SCase1|''R v Bricker'',<br> [http://canlii.ca/t/6k27 1994 CanLII 630] (ON CA){{perONCA|Laskin JA}} | {{JailM|6}} | }} | ||
{{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 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.}} | ||
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{{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 | {{SCase1|''R v Lau'', <Br>[http://canlii.ca/t/1nqp6 1994 CanLII 4640] (SK CA){{perSKCA|TAllis JA}} | {{JailM|6}} | 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}} | ||
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{{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 | {{SCase1|''R v Morgan & Morgan''<br>(1979), 19 Nfld. & P.E.I.R. 187 (N.L.C.A.){{NOCANLII}} | {{JailM|3}} |}} | ||
{{SCase1|''R v Gilliard''<br>(1979), 20 Nfld. & P.E.I.R. 185 (N.L.C.A.){{NOCANLII}} | 3 | {{SCase1|''R v Gilliard''<br>(1979), 20 Nfld. & P.E.I.R. 185 (N.L.C.A.){{NOCANLII}} | {{JailM|3}} |}} | ||
{{SCase1|''R v Hickey''<br>(1978), 14 Nfld. & P.E.I.R. (N.L.C.A.){{NOCANLII}} | 4 | {{SCase1|''R v Hickey''<br>(1978), 14 Nfld. & P.E.I.R. (N.L.C.A.){{NOCANLII}} | {{JailM|4}} | }} | ||
{{SCaseEnd}} | {{SCaseEnd}} | ||
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{{SCase1|''R v Viscomi'',<br>[http://canlii.ca/t/fr6jr 2012 ABCA 135] (CanLII){{TheCourtABCA}} | {{JailM|12}} | attempted to convince witness to recant statement--also sentenced for assault and breaches (2 months consecutive)}} | {{SCase1|''R v Viscomi'',<br>[http://canlii.ca/t/fr6jr 2012 ABCA 135] (CanLII){{TheCourtABCA}} | {{JailM|12}} | attempted to convince witness to recant statement--also sentenced for assault and breaches (2 months consecutive)}} | ||
{{SCase1|''R v Crazyboy'',<br>[http://canlii.ca/t/fs3h6 2012 ABCA 228] (CanLII){{perABCA|Martin JA}} (2:1) | 9 | {{SCase1|''R v Crazyboy'',<br>[http://canlii.ca/t/fs3h6 2012 ABCA 228] (CanLII){{perABCA|Martin JA}} (2:1) | {{JailM|9}} | treatening witness}} | ||
{{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.}} | ||
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{{SCase1|''R v Konkolus''<br> (1998), 86 A.R. 144 (Alta.C.A.), [http://canlii.ca/t/2dm94 1988 ABCA 127] (CanLII){{TheCourtABCA}} | 12 to 18 months | giving false name to police and court to avoid dangerous driving charges}} | {{SCase1|''R v Konkolus''<br> (1998), 86 A.R. 144 (Alta.C.A.), [http://canlii.ca/t/2dm94 1988 ABCA 127] (CanLII){{TheCourtABCA}} | 12 to 18 months | giving false name to police and court to avoid dangerous driving charges}} | ||
{{SCase1|''R v Thuraisingam'',<br>[1997] OJ No 5424 (Ont. C.J.){{NOCANLII}} | 2 years| threatened to kill witness}} | {{SCase1|''R v Thuraisingam'',<br>[1997] OJ No 5424 (Ont. C.J.){{NOCANLII}} | 2 years| threatened to kill witness}} | ||
{{SCase1|''R v Duke'',<br> [1997] AJ No 407 (P.C.){{NOCANLII}} | 6 | {{SCase1|''R v Duke'',<br> [1997] AJ No 407 (P.C.){{NOCANLII}} | {{JailM|6}} |}} | ||
{{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 | }} | ||
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{{SCaseHeader}} | {{SCaseHeader}} | ||
{{SCase1|''R v Gaulton'',<br> [http://canlii.ca/t/g8wms 1986 CanLII 3433] (NL SCTD){{perNLSC|Woolridge J}} | 2 | {{SCase1|''R v Gaulton'',<br> [http://canlii.ca/t/g8wms 1986 CanLII 3433] (NL SCTD){{perNLSC|Woolridge J}} | {{JailM|2}} | The offender had no prior record.}} | ||
{{SCase1|''R v Webster'',<br> [http://canlii.ca/t/gf88p 2014 CanLII 66459] (NL SC){{perNLSC|Handrigan J}} | 6 | {{SCase1|''R v Webster'',<br> [http://canlii.ca/t/gf88p 2014 CanLII 66459] (NL SC){{perNLSC|Handrigan J}} | {{JailM|6}} | The offender plead guilty to perjury and fabricating evidence.}} | ||
{{SCaseEnd}} | {{SCaseEnd}} | ||
Revision as of 11:03, 13 April 2020
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- < 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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