The accused was charged with perjury and breach of probation after testifying at a co-accused's trial.
The Crown alleged that the accused falsely confirmed under oath that an agreed statement of facts from his own prior guilty plea was completely true and correct.
The court reviewed the trial transcripts and found that the accused had actually recanted or refused to adopt portions of the prior statement, rather than confirming it in its entirety as alleged in the charge.
Because the accused did not utter the specific falsehood forming the actus reus of the charge, he was found not guilty of perjury and the related breach of probation.
