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

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{{SCase1|''R v Akinyemi'', <br> [http://canlii.ca/t/g7d3s 2014 ONCJ 278] (CanLII){{perONCJ|De Filippis J}}|{{JailD|90}}| 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}}|{{JailD|90}}| 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 Owen'',<Br>[http://canlii.ca/t/gjmsc 2015 ONCA 462] (CanLII){{fix}} | 18 months CSO| }}
{{SCase1|''R v Owen'',<Br>[http://canlii.ca/t/gjmsc 2015 ONCA 462] (CanLII){{fix}} | {{CSOM|18}}| }}


{{SCase1|''R v Bermudez'',<br>[http://canlii.ca/t/fwhl3 2013 ONCJ 113] (CanLII){{perONCJ|Brewer J}}|{{JailY|3.5}}|"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}}|{{JailY|3.5}}|"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. }}
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{{SCase1|''R v Colbourne'',<br> [http://canlii.ca/t/5fkl 2002 ABPC 141] (CanLII){{perABPC|Semenuk J}}| 90 days jail | testified in traffic court and accused was acquitted as a result; limited record}}
{{SCase1|''R v Colbourne'',<br> [http://canlii.ca/t/5fkl 2002 ABPC 141] (CanLII){{perABPC|Semenuk J}}| 90 days jail | testified in traffic court and accused was acquitted as a result; limited record}}


{{SCase1|''R v Langevin', [http://canlii.ca/t/h2r9d 2001 ABQB 302] (CanLII){{perABQB|Lee J}} | 16 months CSO | }}
{{SCase1|''R v Langevin', [http://canlii.ca/t/h2r9d 2001 ABQB 302] (CanLII){{perABQB|Lee J}} | {{CSOM|16}} | }}


{{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."}}
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{{SCase1|''R v Schertzer'',<br>[http://canlii.ca/t/fvh7n 2013 ONSC 22] (CanLII){{perONSC|Pardu J}}| varied| police officers found guilty of obstruction and perjury.}}
{{SCase1|''R v Schertzer'',<br>[http://canlii.ca/t/fvh7n 2013 ONSC 22] (CanLII){{perONSC|Pardu J}}| varied| police officers found guilty of obstruction and perjury.}}


{{SCase1|''R v Fortin'', [http://canlii.ca/t/frb6t 2012 QCCA 883] (CanLII){{perQCCA|Forget JA}} | 15 months CSO | The offender was convicted of obstruction, forgery, use of forged documents, and fraud. "Over a period of one year, the appellant, a young lawyer just starting out, fabricated and used a forged legal aid mandate, a forged agreement on corollary relief, a forged judgment, a forged motion, and forged cheques; he also made false representations harming the victims and the administration of justice." [https://www.canlii.org/en/qc/qccq/doc/2012/2012qccq4556/2012qccq4556.html]}}
{{SCase1|''R v Fortin'', [http://canlii.ca/t/frb6t 2012 QCCA 883] (CanLII){{perQCCA|Forget JA}} | {{CSOM|15}} | The offender was convicted of obstruction, forgery, use of forged documents, and fraud. "Over a period of one year, the appellant, a young lawyer just starting out, fabricated and used a forged legal aid mandate, a forged agreement on corollary relief, a forged judgment, a forged motion, and forged cheques; he also made false representations harming the victims and the administration of justice." [https://www.canlii.org/en/qc/qccq/doc/2012/2012qccq4556/2012qccq4556.html]}}


{{SCase1|''R v Robinson'',<br>[http://canlii.ca/t/fs66z 2012 BCSC 1134] (CanLII){{perBCSC|Dillon J}}|{{JailM|12}}| off-duty peace officer}}
{{SCase1|''R v Robinson'',<br>[http://canlii.ca/t/fs66z 2012 BCSC 1134] (CanLII){{perBCSC|Dillon J}}|{{JailM|12}}| off-duty peace officer}}

Revision as of 15:14, 18 April 2020

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

Giving Contradictory Evidence

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