R. v. Turner, (1981) 14 Sask.R. 321 (CA)

• Judge: Bayda, C.J.S., MacDonald and Woods, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: December 09, 1981
• Jurisdiction: Saskatchewan
• Citations: (1981), 14 Sask.R. 321 (CA)

R. v. Turner (1981), 14 Sask.R. 321 (CA)

MLB headnote and full text

R. v. Turner

Indexed As: R. v. Turner

Saskatchewan Court of Appeal

Bayda, C.J.S., MacDonald and Woods, JJ.A.

December 9, 1981.

Summary:

The accused appealed his conviction and sentence of three months imprisonment on a charge of perjury. On the conviction appeal, the accused alleged that the Crown failed to prove the record of the judicial proceeding at which the accused was alleged to have given the perjured evidence.

The Saskatchewan Court of Appeal dismissed the appeal. Woods, J.A., in a dissent in paragraphs 28 and 29, would have allowed the sentence appeal and imposed a $1,000.00 fine.

Criminal Law - Topic 512

Perjury - Evidence - Record of judicial proceeding - The Saskatchewan Court of Appeal held that a clerk typist, who could not take shorthand, was a stenographer for the purpose of transcribing the recorded tape to a typewritten copy of the court record within s. 5 of the Recording of Evidence by Sound Recording Machine Act - The court further held that a judge's certificate, certifying the record, may be issued before or after the record is transcribed - The court also held that the tape recording itself is the record and may be introduced in evidence as proof of the record of the judicial proceeding - See paragraphs 10 to 17.

Criminal Law - Topic 5837

Sentencing - Considerations - Mitigating circumstances - The Saskatchewan Court of Appeal stated that a perjury conviction almost invariably involves a term of imprisonment despite mitigating factors - See paragraph 23.

Criminal Law - Topic 5900

Sentence - Perjury - 28 year old accused - No record - Employed - Supporting three children - Perjured evidence given as witness in a blood alcohol offence trial - Not the originator of the scheme - Helping a friend - The Saskatchewan Court of Appeal changed the sentence from three months imprisonment to 90 days to be served intermittently on weekends - See paragraph 27.

Words and Phrases

Stenographer - The Saskatchewan Court of Appeal discussed the meaning of the word "stenographer" in the Recording of Evidence by Sound Recording Machine Act, R.S.S. 1978, c. R-6.

Cases Noticed:

Re Bidie, [1948] 2 All E.R. 995, appld. [para. 13].

Heydon's Case (1584), 3 Co. Rep. 7a; 76 E.R. 637, refd to. [para. 13].

Sussex Peerage Case (1844), 11 C1. & F. 85; 8 E.R. 1034, refd to. [para. 13].

Grey v. Pearson (1857), 6 H.L.C. 61; 10 E.R. 1216, refd to. [para. 13].

R. v. Lewins, [1980] Crim. L.R. 58, refd to. [para. 23].

R. v. Kayode, [1978] Crim. L.R. 302, refd to. [para. 23].

R. v. Lal, [1978] Crim. L.R. 52, refd to. [para. 23].

R. v. Falkenberg (1974), 13 C.C.C.(2d) 562 (Ont. Co. Ct. J.), refd to. [para. 23].

R. v. Noftle (1977), 12 Nfld. & P.E.I.R. 1; 25 A.P.R. 1 (Nfld. Dist. Ct.), refd to. [para. 23].

R. v. Kobzey (1979), 1 Sask.R. 7 (C.A.), refd to. [para. 23].

R. v. Robertson, [1973] O.R. 261 (Ont. C.A.), refd to. [para. 23].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 120, sect. 121(1) [para. 9]; sect. 468(1)(b)(ii) [para. 9]; sect. 736(3) [para. 9].

Recording of Evidence by Sound Recording Machine Act, R.S.S. 1978, c. R-6, sect. 3, sect. 4, sect. 5 [para. 9].

Queen's Bench Act, R.S.S. 1978, c. Q-1 [para. 11].

Authors and Works Noticed:

Driedger, The Construction of Statutes, p. 67 [para. 13].

Shorter's Oxford English Dictionary [para. 12].

Webster's Third International Dictionary [para. 12].

Counsel:

D.M. Brown, for the Crown;

H.R. Kloppenburg, for the appellant.

This case was heard by BAYDA, C.J.S., MacDONALD and WOODS, JJ.A., of the Saskatchewan Court of Appeal. On December 9, 1981, the decision of the Court of Appeal was delivered and the following opinions were filed:

BAYDA, C.J.S. - See paragraphs 1 to 27;

WOODS, J.A., dissenting - See paragraphs 28 and 29;

MacDONALD, J.A., concurred with BAYDA, C.J.S.