R. v. Eriksen (J.A.), 2006 YKCA 13

• Judge: Saunders, Smith and Thackray, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: May 29, 2006
• Jurisdiction: Yukon
• Citations: 2006 YKCA 13;(2006), 230 B.C.A.C. 216 (YukCA)

R. v. Eriksen (J.A.) (2006), 230 B.C.A.C. 216 (YukCA);

    380 W.A.C. 216

MLB headnote and full text

Temp. Cite: [2006] B.C.A.C. TBEd. SE.017

Regina (respondent) v. John Abraham Eriksen (appellant)

(CA02-YU489; 2006 YKCA 13)

Indexed As: R. v. Eriksen (J.A.)

Yukon Court of Appeal

Saunders, Smith and Thackray, JJ.A.

September 14, 2006.

Summary:

The accused appealed his conviction for committing perjury.

The Yukon Court of Appeal dismissed the appeal.

Criminal Law - Topic 511

Offences against the administration of law and justice - Perjury - Corroboration - The accused was called as a witness at his brother's trial for theft of bicycles that ended up in the accused's garage - During the morning session of the preliminary inquiry, the accused testified that he had bought the bicycles - In the afternoon, the accused admitted that his brothers had approached him to store the bicycles in his garage - The trial judge relied on the inconsistent testimony at the preliminary inquiry, a signed statement and the admissions of fact made by the accused and his brother to find the accused guilty of perjury - The accused appealed his conviction, arguing that corroboration emanating from something or someone other than himself was required in order to convict him, pursuant to s. 133 of the Criminal Code - The Yukon Court of Appeal dismissed the appeal - The evil addressed by s. 133 was the danger that the accused would be convicted on a contest, oath against oath, between himself or herself, and another witness - It did not apply to the case of conflicting statements by the accused - See paragraphs 13 to 29.

Cases Noticed:

R. v. Calder, [1960] S.C.R. 892; 129 C.C.C. 202, refd to. [para. 12].

R. v. Wolf, [1975] 2 S.C.R. 107; 2 N.R. 415; 17 C.C.C.(2d) 425, refd to. [para. 12].

R. v. Brewer (1921), 34 C.C.C. 341 (Alta. C.A.), consd. [para. 17].

R. v. Clarke, [2004] R.J.Q. 780; 184 C.C.C.(3d) 18 (Que. C.A.), consd. [para. 17].

R. v. Thind (1991), 64 C.C.C.(3d) 301 (B.C.C.A.), consd. [para. 17].

R. v. Evans (D.L.) (1995), 102 Man.R.(2d) 186; 93 W.A.C. 186; 101 C.C.C.(3d) 369 (C.A.), refd to. [para. 20].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 133 [para. 10].

Counsel:

E.R. Hill, for the appellant;

M. Cozens, for the respondent.

This appeal was heard on May 29, 2006, at Whitehorse, Yukon, by Saunders, Smith and Thackray, JJ.A., of the Yukon Court of Appeal. The following judgment of the Court of Appeal was delivered by Saunders, J.A., at Vancouver, British Columbia, on September 14, 2006.