R. v. Colbourne (R.L.), (2002) 331 A.R. 365 (PC)

• Judge: Semenuk, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: October 17, 2002
• Citations: (2002), 331 A.R. 365 (PC);2002 ABPC 141

R. v. Colbourne (R.L.) (2002), 331 A.R. 365 (PC)

MLB headnote and full text

Temp. Cite: [2003] A.R. TBEd. MR.058

Her Majesty the Queen v. Ricky Lloyd Colbourne

(017395476P10101; 2002 ABPC 141)

Indexed as: R. v. Colbourne (R.L.)

Alberta Provincial Court

Semenuk, P.C.J.

October 17, 2002.

Summary:

The accused pleaded guilty to one charge of committing perjury.

The Alberta Provincial Court sentenced the accused to 90 days' imprisonment to be served intermittently.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The 38 year old accused was charged with violating a City bylaw - It was alleged that his dog bit a neighbour - At trial, the accused swore under oath that the dog did not belong to him and that he believed that the dog did not have the propensity to bite - The accused was acquitted - The police became aware that the dog was, in fact, the accused's dog - The accused pleaded guilty to perjury - The Alberta Provincial Court held that a conditional sentence would be inappropriate, given the gravity of the offence of perjury and the accused's refusal to take responsibility for his actions - See paragraphs 18 to 24.

Criminal Law - Topic 5900

Sentence - Perjury and giving contradictory evidence - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5900

Sentence - Perjury and giving contradictory evidence - The accused was charged with violating a City bylaw - It was alleged that his dog bit a neighbour - At trial, the accused testified that the dog did not belong to him and that he believed that the dog did not have the propensity to bite - The accused was acquitted because the injury was not proved to be a bite as opposed to a scratch - The police became aware that the dog was, in fact, the accused's dog - The accused pleaded guilty to perjury - He refused to acknowledge his wrongdoing in the offence -The accused had a prior record - The Alberta Provincial Court sentenced the accused to 90 days' imprisonment to be served intermittently.

Cases Noticed:

R. v. Turner (1981), 14 Sask.R. 321; 65 C.C.C.(2d) 335 (C.A.), consd. [para. 5].

R. v. Brown (1984), 53 A.R. 1 (C.A.), consd. [para. 5].

R. v. Boross (1984), 53 A.R. 257; 12 C.C.C.(3d) 480 (C.A.), consd. [para. 5].

R. v. Jordan and Sager (1986), 72 A.R. 167 (C.A.), consd. [para. 5].

R. v. Van Straten (S.D.) (1994), 157 A.R. 190; 77 W.A.C. 190 (C.A.), consd. [para. 5].

R. v. Saltman (G.) (1995), 163 A.R. 338 (Prov. Ct.), consd. [para. 5].

R. v. MacDougall (J.L.) (2000), 188 Nfld. & P.E.I.R. 167; 569 A.P.R. 167 (P.E.I.T.D.), consd. [para. 5].

R. v. McDonnell (T.E.), [1997] 1 S.C.R. 948; 210 N.R. 241; 196 A.R. 321; 141 W.A.C. 321, refd to. [para. 14].

R. v. Proulx (J.K.D.) (2000), 249 N.R. 201; 142 Man.R. (2d) 161; 212 W.A.C. 161; 140 C.C.C. (3d) 449 (S.C.C.), refd to. [para. 14].

Counsel:

L.R. Grieve, for the Crown;

C.R. Stewart, for the accused.

This matter was heard before Semenuk, P.C.J., of the Alberta Provincial Court, who delivered the following reasons for sentence on October 17, 2002.