Athuman Kitalama v. R., Crim. App. 76-D-68, 5/4/68, Biron J.

Athuman Kitalama v. R., Crim. App. 76-D-68, 5/4/68, Biron J.

Accused was convicted on his own plea of giving false evidence at a trial.

            Held: P.C. s. 102(1) provides: “Any person who ….. knowingly gives false testimony touching any matter which is material to any question then depending in the proceeding … is guilty of the misdemeanor termed ‘perjury’.” To constitute perjury, the testimony must be material to the case. As there was no proof that the false evidence given here was material to the case, one of the elements of the offence was not established. Conviction quashed.