R. v. Nguyen

R. v. Nguyen

The accused was convicted of manslaughter by unlawful assault that caused the victim's fatal fall. Given the absence of a proven punch, the accused's lack of criminal record, apparent lack of violent propensity, and other mitigating factors, but having regard to the seriousness of causing death and aggravating...

Source-derived case information.

Citation
2017 BCSC 1669
Parties
Crown: Regina; Accused: Kim Tuong Nguyen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 August 2017
Procedural Posture
Criminal Manslaughter / Sentencing
Outcome
Convicted of manslaughter; sentenced to six months less one day imprisonment and three years probation.
Legal Topics
Manslaughter, Causation, Sentencing Range, Probation, DNA Order, Firearms Prohibition, Victim Fine Surcharge, Immigration Consequences
Source Language
english
Criminal Law Sentencing Evidence Manslaughter Causation Sentencing Range Probation DNA Order +3 more

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Parties

Regina

Crown

Kim Tuong Nguyen

Accused

Procedural Posture

Criminal Manslaughter / Sentencing

Legal Issues

  1. 1 Whether the accused committed an unlawful assault that caused death
  2. 2 Causation between the assault and the victim's fall and death
  3. 3 Appropriate sentence within the wide manslaughter range given degree of moral blameworthiness

Ratio Decidendi

The accused was convicted of manslaughter by unlawful assault that caused the victim's fatal fall. Given the absence of a proven punch, the accused's lack of criminal record, apparent lack of violent propensity, and other mitigating factors, but having regard to the seriousness of causing death and aggravating conduct (returning to kick the victim), a sentence at the low end of the manslaughter range is fit; the appropriate sentence is six months less one day custody plus three years' probation, together with a DNA order, statutory firearms prohibitions and a $100 victim fine surcharge.

Court Disposition

Convicted of manslaughter; sentenced to six months less one day imprisonment and three years probation.

Orders

  • Custody: six months less one day imprisonment.
  • Probation for three years with conditions: report to probation officer as directed; notify of address and not change without permission; abstain absolutely from alcohol and illegal drugs; no contact with specified individuals; attend counselling/programs as directed; avoid the 1200 block of Kingsway except when...