Perjury and Related Forms of Obstruction (Sentencing Cases): Difference between revisions
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{{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 | {{SCase1|''R v Lamoureux'', <br> [http://canlii.ca/t/gmbc8 2015 QCCQ 11790] (CanLII){{perQCCQ|Lachance J}} | {{JailM|10}} | }} | ||
{{SCase1|''R v Reyat'', [http://canlii.ca/t/g64pl 2014 BCCA 101] (CanLII){{perBCCA|Saunders JA}} | {{JailY|9}} | "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}} | {{JailY|9}} | "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. }} | ||
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{{SCase1|''R v Slobbe'',<Br>[http://canlii.ca/t/fkg4n 2011 BCCA 107] (CanLII) | {{JailM|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 | {{SCase1|''R v White'',<br>2010 ONSC 6539{{fix}} | {{JailM|30}} | "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 Jackson'', <br> [http://canlii.ca/t/2bfc1 2010 BCCA 330] (CanLII){{fix}} | 30 | {{SCase1|''R v Jackson'', <br> [http://canlii.ca/t/2bfc1 2010 BCCA 330] (CanLII){{fix}} | {{JailM|30}} | }} | ||
{{SCase1|''R v Adams'',<Br> [http://canlii.ca/t/25kzf 2009 NSPC 44] (CanLII){{perNSPC|Williams J}} | {{JailM|6}} | }} | {{SCase1|''R v Adams'',<Br> [http://canlii.ca/t/25kzf 2009 NSPC 44] (CanLII){{perNSPC|Williams J}} | {{JailM|6}} | }} | ||
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{{SCase1|''R v Corbett'',<Br> [http://canlii.ca/t/1nfpd 2006 BCCA 257] (CanLII) | {{JailY1}} | }} | {{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 | {{SCase1|''R v JWC'',<br>[2005] BCJ No. 2710 (P.C.), [http://canlii.ca/t/1m7sl 2005 BCPC 565] (CanLII){{perBCPC|Moon J}} | {{JailM|18}} | | ||
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}} | 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}} | ||
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{{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.}} | ||
{{SCase1|''R v Kusnezoff'',<br>[http://canlii.ca/t/1d8hq 1991 CanLII 1968] (BC C.A.){{perBCCA|Lambert JA}} | 18 | {{SCase1|''R v Kusnezoff'',<br>[http://canlii.ca/t/1d8hq 1991 CanLII 1968] (BC C.A.){{perBCCA|Lambert JA}} | {{JailM|18}} | testimony in drug trafficking trial; good psr; limited record}} | ||
{{SCase1|''R v Crawford'',<br>(1988), 81 N.S.R. (2d) 88{{NOCANLII}}| |}} | {{SCase1|''R v Crawford'',<br>(1988), 81 N.S.R. (2d) 88{{NOCANLII}}| |}} | ||
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{{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}} | {{JailY|6}} | "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}} | {{JailY|6}} | "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 | {{SCase1|''R v Edward Morgan''<br>(1979), 19 Nfld. & P.E.I.R. 176 (N.L.C.A.){{NOCANLII}} | {{JailM|15}} |}} | ||
{{SCase1|''R v Morgan & Morgan''<br>(1979), 19 Nfld. & P.E.I.R. 187 (N.L.C.A.){{NOCANLII}} | {{JailM|3}} |}} | {{SCase1|''R v Morgan & Morgan''<br>(1979), 19 Nfld. & P.E.I.R. 187 (N.L.C.A.){{NOCANLII}} | {{JailM|3}} |}} | ||
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{{SCase1|''R v Van Delft'',<br>[http://canlii.ca/t/1tvgf 2007 ABPC 319] (CanLII){{perABPC|Fradsham J}}|{{JailM|18}} | gave false name to police}} | {{SCase1|''R v Van Delft'',<br>[http://canlii.ca/t/1tvgf 2007 ABPC 319] (CanLII){{perABPC|Fradsham J}}|{{JailM|18}} | gave false name to police}} | ||
{{SCase1|''R v Rowbottom'',<br>[2006] N.J. No. 31 (Nfld. Prov. Ct.), [http://canlii.ca/t/1mh7r 2006 CanLII 2603] (NL PC){{perNLPC|Gorman J}} | 9 and 12 months | accused threatened and bribed to witnesses in a uttering threats trial he faced}} | {{SCase1|''R v Rowbottom'',<br>[2006] N.J. No. 31 (Nfld. Prov. Ct.), [http://canlii.ca/t/1mh7r 2006 CanLII 2603] (NL PC){{perNLPC|Gorman J}} | 9 and 12 months | accused threatened and bribed to witnesses in a uttering threats trial he faced}} | ||
{{SCase1|''R v Crazybull'',<br> [http://canlii.ca/t/1l1k5 2005 ABCA 215] (CanLII){{perABCA|Paperny JA}} | 23 | {{SCase1|''R v Crazybull'',<br> [http://canlii.ca/t/1l1k5 2005 ABCA 215] (CanLII){{perABCA|Paperny JA}} | {{JailM|23}} | accused facing assault with a weapon allegations; threatened witness to not attend}} | ||
{{SCase1|''R v Gill'',<br> [http://canlii.ca/t/5bql 2003 BCCA 208] (CanLII){{perBCCA|Southin JA}} (3:0) | 5 years and 10 months | }} | {{SCase1|''R v Gill'',<br> [http://canlii.ca/t/5bql 2003 BCCA 208] (CanLII){{perBCCA|Southin JA}} (3:0) | 5 years and 10 months | }} | ||
{{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}} | ||
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{{SCase1|''R v Di Gianni'',<br> [http://canlii.ca/t/fphgs 2011 ONCJ 792] (CanLII){{perONCJ|SD Brown J}} | Discharge | public mischief for making a false claim of theft }} | {{SCase1|''R v Di Gianni'',<br> [http://canlii.ca/t/fphgs 2011 ONCJ 792] (CanLII){{perONCJ|SD Brown J}} | Discharge | public mischief for making a false claim of theft }} | ||
{{SCase1|''R v Delacruz'', <br> [http://canlii.ca/t/2b0wf 2010 ONSC 3060] (CanLII){{perONSC|Baltman J}} | 18 | {{SCase1|''R v Delacruz'', <br> [http://canlii.ca/t/2b0wf 2010 ONSC 3060] (CanLII){{perONSC|Baltman J}} | {{JailM|18}} |The offender made false allegations to children's services that his former wife's new boyfriend had sexually assaulted her daughter. The police were contacted and the investigation revealed that the allegations were false. The offence was "highly calculated". The offender had a previous conviction for public mischief and on four occasions targeted his ex-wife. }} | ||
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Revision as of 07:37, 15 April 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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