R. v. Nguyen

R. v. Nguyen

Police had an implied licence to enter the front yard and examine the windows to investigate a suspected break and enter; the observations made from the yard (visual, olfactory, auditory) did not constitute a s.8 breach, the Information to Obtain a warrant was lawfully founded, the warrant and subsequent search were valid, the evidence was admissible, and the accused was guilty on both counts.

Citation
2005 BCSC 963
Parties
Crown: Regina; Accused: Van Cuong Nguyen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 June 2005
Procedural Posture
Criminal / Voir Dire
Outcome
Guilty on both counts
Legal Topics
Search Warrant Validity, Implied Licence to Approach Property, Section 8 Charter Unreasonable Search, Section 24(2) Charter Exclusion of Evidence, Exigent Circumstances, Marihuana Grow Operations
Source Language
English
Criminal Law Constitutional Law Evidence Law Search and Seizure Search Warrant Validity Implied Licence to Approach Property Section 8 Charter Unreasonable Search Section 24(2) Charter Exclusion of Evidence +2 more

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Parties

Regina

Crown

Van Cuong Nguyen

Accused

Procedural Posture

Criminal / Voir Dire

Legal Issues

  1. 1 Whether police entry onto the front yard and observation of windows constituted a search under s.8 of the Charter
  2. 2 Whether the implied licence to approach a dwelling permitted the police conduct
  3. 3 Whether the Information to Obtain and resulting search warrant were valid

Ratio Decidendi

Police had an implied licence to enter the front yard and examine the windows to investigate a suspected break and enter; the observations made from the yard (visual, olfactory, auditory) did not constitute a s.8 breach, the Information to Obtain a warrant was lawfully founded, the warrant and subsequent search were valid, the evidence was admissible, and the accused was guilty on both counts.

Court Disposition

Guilty on both counts

Orders

  • Evidence observed from the yard and seized under the search warrant ruled admissible
  • Voir dire evidence admitted at trial and used to convict the accused of production of marihuana and possession of marihuana for the purpose of trafficking