R. v. Reyat (I.S.), (2014) 352 B.C.A.C. 298 (CA)
| Judge | Saunders, Tysoe and Goepel, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | November 27, 2013 |
| Jurisdiction | British Columbia |
| Citations | (2014), 352 B.C.A.C. 298 (CA);2014 BCCA 101 |
R. v. Reyat (I.S.) (2014), 352 B.C.A.C. 298 (CA);
601 W.A.C. 298
MLB headnote and full text
Temp. Cite: [2014] B.C.A.C. TBEd. MR.023
Regina (respondent) v. Inderjit Singh Reyat (appellant)
(CA038776; 2014 BCCA 101)
Indexed As: R. v. Reyat (I.S.)
British Columbia Court of Appeal
Saunders, Tysoe and Goepel, JJ.A.
March 13, 2014.
Summary:
The accused was charged with perjury as a result of the testimony that he gave at the Air India trial (see [2005] B.C.T.C. 350). A jury found the accused guilty.
The British Columba Supreme Court, in a decision reported at [2011] B.C.T.C. Uned. 14, sentenced the accused to nine years' imprisonment, reduced to seven years and seven months for pre-trial custody. The accused applied for leave to appeal the sentence and, if leave was granted, appealed the sentence.
The British Columbia Court of Appeal granted leave to appeal, but dismissed the appeal.
Editor's note: the accused's conviction appeal was dismissed in a decision reported at 324 B.C.A.C. 311; 551 W.A.C. 311, leave to appeal denied 446 N.R. 400.
Criminal Law - Topic 5806.1
Sentencing - General - Sentence parity - General - See paragraphs 20 to 34.
Criminal Law - Topic 5847
Sentencing - Considerations on imposing sentence - Remorse of accused - See paragraphs 10 to 13.
Criminal Law - Topic 5848.2
Sentencing - Considerations on imposing sentence - Time already served (incl. bail) - See paragraphs 16 to 19.
Criminal Law - Topic 5900
Sentence - Perjury and giving contradictory evidence - See paragraphs 20 to 34.
Cases Noticed:
R. v. Ferguson (M.E.), [2008] 1 S.C.R. 96; 371 N.R. 231; 425 A.R. 79; 418 W.A.C. 79; 2008 SCC 6, refd to. [para. 4].
R. v. Johnson (D.K.) (1996), 84 B.C.A.C. 261; 137 W.A.C. 261; 112 C.C.C.(3d) 225 (C.A.), refd to. [para. 9].
R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81, refd to. [para. 9].
R. v. Cuthbert (R.B.) (2007), 249 B.C.A.C. 60; 414 W.A.C. 60; 54 C.R.(6th) 99; 2007 BCCA 585, refd to. [para. 18].
R. v. Ly (T.Q.), [2013] 1 S.C.R. 739; 441 N.R. 375; 544 A.R. 40; 567 W.A.C. 40; 2013 SCC 15, refd to. [para. 21].
R. v. Pham - see R. v. Ly (T.Q.).
R. v. Jordan and Sager (1986), 72 A.R. 167; 47 Alta. L.R.(2d) 85 (C.A.), refd to. [para. 26].
R. v. Kusnezoff, [1991] B.C.J. No. 421 (C.A.), consd. [para. 27].
R. v. Corbett (J.W.) (2006), 226 B.C.A.C. 267; 373 W.A.C. 267; 2006 BCCA 257, agreed with [para. 28].
R. v. MacIver (D.N.) (2000), 150 Man.R.(2d) 123; 230 W.A.C. 123; 2000 MBCA 82, refd to. [para. 28].
R. v. Desnomie (L.A.) (2005), 275 Sask.R. 167; 365 W.A.C. 167; 2005 SKCA 148, refd to. [para. 31].
R. v. Johnson, [1990] B.C.J. No. 307 (C.A.), refd to. [para. 31].
R. v. Glauser (1981), 25 C.R.(3d) 287 (Alta. C.A.), refd to. [para. 31].
Counsel:
I. Donaldson, Q.C., for the appellant;
L.T. Doust, Q.C., and W.B. Milman, for the respondent.
This motion and appeal were heard at Vancouver, British Columbia, on November 27, 2013, by Saunders, Tysoe and Goepel, JJ.A., of the British Columbia Court of Appeal. Saunders, J.A., delivered the following written reasons for judgment for the court on March 13, 2014.
To continue reading
Request your trial
-
R. v. Millington (K.), [2015] B.C.T.C. Uned. 1380
...accused with a long criminal record who was found guilty of perjury in relation to his testimony at a murder trial. [43] In R. v. Reyat , 2014 BCCA 101, the British Columbia Court of Appeal upheld an effective sentence of nine years' imprisonment for perjury committed in the course of a mur......
-
R. v. King, 2019 ONSC 466
...evidence in R. v. Chouart and Marshall is likely only relevant to the sentencing stage of this perjury case: see R. v. Reyat, 2014 BCCA 101. Police Contact with Mr. King [10] Detective Sergeant Patterson was the lead investigator in Chouart and Mars......
-
R. v. King, 2019 ONSC 2166
...tend to impose sentences of significant incarceration even in cases where the perjury had minimal practical impact: see R. v. Reyat 2014 BCCA 101 at para. 31. [7] The objective of denunciation has heightened significance in perjury offences with certain classes of offenders who have special......
-
R. v. Robinson (B.), 2015 BCSC 1535
...of justice. That general principle has been stated by the courts many times including by the B.C. Court of Appeal in R. v. Reyat , 2014 BCCA 101, and the Alberta Court of Appeal in R. v. Jordan (1986), 47 Alta L.R.(2d) 85. [32] A particularly concise statement of the principle is found in R......
-
R. v. Millington (K.), [2015] B.C.T.C. Uned. 1380
...accused with a long criminal record who was found guilty of perjury in relation to his testimony at a murder trial. [43] In R. v. Reyat , 2014 BCCA 101, the British Columbia Court of Appeal upheld an effective sentence of nine years' imprisonment for perjury committed in the course of a mur......
-
R. v. King, 2019 ONSC 466
...evidence in R. v. Chouart and Marshall is likely only relevant to the sentencing stage of this perjury case: see R. v. Reyat, 2014 BCCA 101. Police Contact with Mr. King [10] Detective Sergeant Patterson was the lead investigator in Chouart and Mars......
-
R. v. King, 2019 ONSC 2166
...tend to impose sentences of significant incarceration even in cases where the perjury had minimal practical impact: see R. v. Reyat 2014 BCCA 101 at para. 31. [7] The objective of denunciation has heightened significance in perjury offences with certain classes of offenders who have special......
-
R. v. Robinson (B.), 2015 BCSC 1535
...of justice. That general principle has been stated by the courts many times including by the B.C. Court of Appeal in R. v. Reyat , 2014 BCCA 101, and the Alberta Court of Appeal in R. v. Jordan (1986), 47 Alta L.R.(2d) 85. [32] A particularly concise statement of the principle is found in R......