Download

Canada Judgment

Supreme Court of British Columbia

R. v. Millington

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court convicted on Count 1 because, on all the evidence (most importantly the unaltered Pritchard video, contemporaneous notes, Taser data and the pattern of identical errors in officers' IHIT statements), the Crown proved beyond a reasonable doubt that the accused knowingly gave false testimony on averments 1,2,3,4,8 and 9 with intent to mislead; corroboration under s.133 was unnecessary because the case was based on circumstantial and documentary/video evidence and the only rational inference from the similarity of officers' false accounts was prior discussion.

Court disposition

Convicted of perjury (Count 1)

Orders

  • Convicted on Count 1 for perjury (testimony March 2-4, 2009)
  • Court finds averments 1,2,3,4,8 and 9 proven beyond a reasonable doubt
  • Averments 5,6,7 and 10 not proven (reasonable doubt)
  • Sentencing to be scheduled (no sentence recorded in reasons)

02

Material facts

Parties

Regina

Crown Counsel: E.V. Gottardi, S.M. Fenton, T.C. Paisana

Kwesi Millington

Accused Counsel: R.R. Hira, Q.C., S.M.R. Conroy

Amounts and remedies

  • Averments Proven: 6
  • Averments Not Proven: 4
  • Taser Deployments Recorded: 5

03

Procedural history

  1. Posture

    Criminal Perjury / Trial Judgment (conviction)

04

Questions and positions

Legal issues

Party arguments

Applicant
Crown: The accused's Inquiry testimony materially conflicted with the Pritchard video and his contemporaneous notes; circumstantial evidence and the strikingly similar false statements of the other officers support inferences of knowledge and intent to mislead; corroboration under s.133 not required because case is circumstantial; at least one averment proven beyond reasonable doubt.
Respondent
Defence: Accused was honestly mistaken, influenced by training and fast-moving circumstances; other witnesses also erred so misperception is plausible; no motive to lie; meeting alleged by Crown (Averment 10) not proven; some Taser timing data qualified.

05

Court’s reasoning

  1. 01

    Calder v. The Queen; Criminal Code ss.131-132

    Elements of perjury: false statement under oath, knowledge of falsity, intent to mislead

  2. 02

    R. v. W.(D.)

    Standard of proof is beyond a reasonable doubt; accused benefits from presumption of innocence

  3. 03

    Criminal Code s.133; R. v. Reyat; O'Kane

    Corroboration under s.133 is evidentiary, not an essential element; not required where case is circumstantial

  4. 04

    R. v. Nikolovski

    Videotape that is unaltered is admissible and may be decisive evidence of events

  5. 05

    R. v. Griffin

    In circumstantial cases the only rational inference standard applies

  6. 06

    R. v. U. (F.J.)

    Where multiple declarants make strikingly similar false statements, permissible inferences include collusion or communication between them

06

Ratio, limits and disposition

Ratio decidendi

The court convicted on Count 1 because, on all the evidence (most importantly the unaltered Pritchard video, contemporaneous notes, Taser data and the pattern of identical errors in officers' IHIT statements), the Crown proved beyond a reasonable doubt that the accused knowingly gave false testimony on averments 1,2,3,4,8 and 9 with intent to mislead; corroboration under s.133 was unnecessary because the case was based on circumstantial and documentary/video evidence and the only rational inference from the similarity of officers' false accounts was prior discussion.

Obiter and limits

  • Expert opinion that relied on officers' accounts risked circularity and limited probative value
  • Taser download timing evidence required careful qualification (rounded durations)
  • Motive is not an essential element of perjury but is a relevant factor in assessing circumstantial inferences

Court disposition

Convicted of perjury (Count 1)

  • Convicted on Count 1 for perjury (testimony March 2-4, 2009)
  • Court finds averments 1,2,3,4,8 and 9 proven beyond a reasonable doubt
  • Averments 5,6,7 and 10 not proven (reasonable doubt)
  • Sentencing to be scheduled (no sentence recorded in reasons)

Source and reliance status

Supreme Court of British Columbia · 20 February 2015

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

Full judgment text is not available for this record.

Use the source document link when available.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Calder v. The Queen, [1960] S.C.R. 892

Case cited

R. v. W.(D.), [1991] 1 S.C.R. 742

Case cited

R. v. Nikolovski, [1996] 3 S.C.R. 1197

Case cited

R. v. Griffin, 2009 SCC 28

Case cited

R. v. Reyat, 2012 BCCA 311

Case cited

R. v. U. (F.J.), [1995] 3 S.C.R. 764

Case cited

R. v. Wolf, [1975] 2 S.C.R. 107

Case cited

R. v. Kovacs, [1974] 3 W.W.R. 562 (Alta. S.C.A.D.)

Case cited

R. v. O'Kane, 2012 MBCA 82

Case cited

R. v. Pilarinos, 2002 BCSC 1267

Case cited

Criminal Code of Canada, R.S.C. 1985, c. C-46 ss.131-133

Legislation

Legislation referenced in the available case record.

Public Inquiry Act, S.B.C. 2007, c. 9

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.