R. v. Nguyen

R. v. Nguyen

Read in context the trial judge sufficiently explained acceptance of the complainant's evidence and rejection of the accused's; there was no misapplication of W.(D.) or the burden of proof and the conviction was properly upheld.

Citation
2014 BCSC 644
Parties
Respondent/crown: Regina; Appellant/accused: Van Sang Nguyen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 April 2014
Procedural Posture
Criminal Appeal From Conviction / Appeal Decision
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Credibility, W.(d.) Rule, Reasonable Doubt, Sufficiency of Reasons, Self Defence, Uttering Threats
Source Language
English
Criminal Law Evidence Appeal Credibility W.(d.) Rule Reasonable Doubt Sufficiency of Reasons Self Defence +1 more

Case Brief

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Parties

Regina

Respondent/crown

Van Sang Nguyen

Appellant/accused

Procedural Posture

Criminal Appeal From Conviction / Appeal Decision

Legal Issues

  1. 1 whether trial judge provided sufficient reasons for rejecting accused's evidence
  2. 2 whether the trial judge misapplied the W.(D.) principles
  3. 3 whether the accused's evidence raised a reasonable doubt

Ratio Decidendi

Read in context the trial judge sufficiently explained acceptance of the complainant's evidence and rejection of the accused's; there was no misapplication of W.(D.) or the burden of proof and the conviction was properly upheld.

Court Disposition

Appeal dismissed; conviction upheld

Orders

  • Appeal dismissed