United States v. Nguyen

United States v. Nguyen

The judge granted interim judicial release because the accused's substantial and long-standing ties to Canada, Canadian citizenship, family and business connections, combined with strict bail conditions and $100,000 sureties for each accused adequately mitigated risks under s.515(10) despite the seriousness of the alleged offences and international obligations to assess non-appearance risk carefully.

Citation
2012 BCSC 307
Parties
Requesting State: The Attorney General of Canada on behalf of the United States of America; Person Sought: Binh Nguyen aka "B. Nguyen"; Person Sought: Danh Van Nguyen aka "Victor"; Person Sought: Phoung Thao Tran aka "Lisa"
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 February 2012
Procedural Posture
Extradition / Interim Judicial Release (bail) Hearing Pending Extradition)
Outcome
Interim judicial release granted to Binh Nguyen and Danh Van Nguyen pending extradition hearing
Legal Topics
Interim Release, S.515(10) Grounds, Risk of Non Appearance, Public Safety, Administration of Justice Confidence, Surety and Conditions
Source Language
English
Extradition Criminal Law Controlled Drugs and Substances Money Laundering Bail and Pre Trial Release Interim Release S.515(10) Grounds Risk of Non Appearance +3 more

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Parties

The Attorney General of Canada on behalf of the United States of America

Requesting State

Binh Nguyen aka "B. Nguyen"

Person Sought

Danh Van Nguyen aka "Victor"

Person Sought

Phoung Thao Tran aka "Lisa"

Person Sought

Procedural Posture

Extradition / Interim Judicial Release (bail) Hearing Pending Extradition)

Legal Issues

  1. 1 Whether interim judicial release should be granted pending extradition
  2. 2 Whether detention is necessary under s.515(10) of the Criminal Code on grounds of attendance, public safety or confidence in the administration of justice
  3. 3 How to assess risk of non-appearance in extradition context given international obligations

Ratio Decidendi

The judge granted interim judicial release because the accused's substantial and long-standing ties to Canada, Canadian citizenship, family and business connections, combined with strict bail conditions and $100,000 sureties for each accused adequately mitigated risks under s.515(10) despite the seriousness of the alleged offences and international obligations to assess non-appearance risk carefully.

Court Disposition

Interim judicial release granted to Binh Nguyen and Danh Van Nguyen pending extradition hearing

Orders

  • Accused Binh Nguyen and Danh Van Nguyen released pending extradition hearing
  • Surety set at $100,000 for each accused