R. v. Nguyen

R. v. Nguyen

The accused was properly found to have been a knowing and active (behind-the-scenes) participant and organizing force in a planned home-invasion that produced the kidnappings; the involvement of defenceless children and the home-invasion context (including use of a firearm and occupied dwelling) are significant...

Source-derived case information.

Citation
2008 BCSC 1124
Parties
Crown: Regina; Accused/respondent: Hieu Thanh Nguyen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 July 2008
Procedural Posture
Criminal / Sentencing Oral Reasons for Sentence
Outcome
Convicted on all counts; sentenced to 11 years' imprisonment with remand credit applied resulting in an effective remaining term of 6 years 6 months; ancillary orders made.
Legal Topics
Kidnapping, Extortion, Possession of Stolen Property, Aggravating Factors, Premeditation, Remand Credit, DNA Order, Firearm Prohibition
Source Language
english
Criminal Law Sentencing Kidnapping Extortion Possession of Stolen Property Aggravating Factors Premeditation Remand Credit +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 21 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Crown

Hieu Thanh Nguyen

Accused/respondent

Procedural Posture

Criminal / Sentencing Oral Reasons for Sentence

Legal Issues

  1. 1 Whether the accused was a party to the kidnappings under s.21(1)(a)/(b) Criminal Code
  2. 2 Whether the kidnappings were premeditated or arose from a planned home-invasion robbery
  3. 3 Appropriate sentence range for kidnapping for ransom involving young children

Ratio Decidendi

The accused was properly found to have been a knowing and active (behind-the-scenes) participant and organizing force in a planned home-invasion that produced the kidnappings; the involvement of defenceless children and the home-invasion context (including use of a firearm and occupied dwelling) are significant aggravating factors that require a sentence emphasizing denunciation and deterrence, leading to an 11-year custodial sentence with remand credit applied (resulting in an effective remaining term of 6 years and 6 months).

Court Disposition

Convicted on all counts; sentenced to 11 years' imprisonment with remand credit applied resulting in an effective remaining term of 6 years 6 months; ancillary orders made.

Orders

  • Convictions entered on Counts 1-4 (two counts kidnapping for ransom s.279(1.1)(b); extortion attempt s.346(1.1)(b); possession of property obtained by an indictable offence s.354(1)(a))
  • Sentence: 11 years custody; remand credit applied (double time) resulting in additional 6 years 6 months to be served