R. v. Chima (A.S.), (1994) 148 A.R. 111 (ProvCt)

• Judge: Fradsham, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: January 11, 1994
• Citations: (1994), 148 A.R. 111 (ProvCt)

R. v. Chima (A.S.) (1994), 148 A.R. 111 (ProvCt)

MLB headnote and full text

Her Majesty The Queen v. Amrik Singh Chima

(Docket No. 31236094P10101)

Indexed As: R. v. Chima (A.S.)

Alberta Provincial Court

Criminal Division

Fradsham, P.C.J.

January 11, 1994.

Summary:

The accused pleaded guilty to perjury.

The Alberta Provincial Court sentenced the accused to 12 months' imprisonment.

Criminal Law - Topic 5900

Sentence - Perjury - The Alberta Provin­cial Court set forth the factors to be con­sidered in determining the appropriate sentence for perjury - See paragraph 17.

Criminal Law - Topic 5900

Sentence - Perjury - A landlord sued his tenants for rent and also claiming the cost of repairing damaged linoleum in the premises - He testified that he had replaced the linoleum and submitted in evidence an estimate of the cost - The trial judge dismissed his claim, but com­pensated him by not requiring him to pay back to the tenants the balance of their security deposit, stating that it would cover the cost of the linoleum - The landlord had not in fact replaced the linoleum - He pleaded guilty to perjury - The Alberta Provincial Court sentenced the accused to 12 months' imprisonment.

Cases Noticed:

R. v. Lukasik (1982), 22 Alta. L.R.(2d) 222 (C.A.), refd to. [para. 12].

R. v. Jordan and Sager (1986), 72 A.R. 167 (C.A.), refd to. [para. 13].

R. v. Foster and Walton-Ball (1982), 17 Sask.R. 37 (C.A.), refd to. [para. 15].

Counsel:

A.H. Channer, for the Crown;

C. Darwent, for the accused.

This case was heard before Fradsham, P.C.J., of the Alberta Provincial Court, Criminal Division, who delivered the fol­lowing judgment on January 11, 1994.