R. v. Luu
The Review Board's finding that the appellant posed a significant risk of dangerousness was supported by evidence of mental illness, personality disorder and a history of not taking medication when unsupervised; the Board's reasons, while not fulsome, were sufficient and the continuation of confinement in hospital...
Source-derived case information.
- Citation
- C41934
- Parties
- Appellant: Irene Ngoc Luu aka Irene Phoi Luu aka Irene Luu-Radley; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 September 2004
- Procedural Posture
- Criminal / Appeal From Disposition of the Ontario Review Board Dated October 21, 2003
- Outcome
- Appeal dismissed; the disposition of the Ontario Review Board dated October 21, 2003 is upheld.
- Legal Topics
- Dangerousness, Review Board Detention, Continued Confinement, Community Supervision, Medication Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Irene Ngoc Luu aka Irene Phoi Luu aka Irene Luu-Radley
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal From Disposition of the Ontario Review Board Dated October 21, 2003
Legal Issues
- 1 Whether there was an evidentiary basis for the Review Board's finding of significant risk of dangerousness
- 2 Whether the Review Board's reasons were sufficient
- 3 Whether continued confinement in hospital on the terms imposed was justified
Ratio Decidendi
The Review Board's finding that the appellant posed a significant risk of dangerousness was supported by evidence of mental illness, personality disorder and a history of not taking medication when unsupervised; the Board's reasons, while not fulsome, were sufficient and the continuation of confinement in hospital on the terms imposed was justified, so the appeal is dismissed.
Court Disposition
Appeal dismissed; the disposition of the Ontario Review Board dated October 21, 2003 is upheld.
Orders
- Appeal dismissed.
- Disposition of the Ontario Review Board dated October 21, 2003 upheld, confirming continued confinement in hospital on the terms imposed by the Board.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Luu Collection Decisions of the Court of Appeal Date 2004-09-23 Docket numbers C41934 Judges Weiler, Karen Merle Magnuson; Rosenberg, Marc; Pardu, Gladys I. Subject Criminal Decision Content DATE: 20040923 DOCKET: C41934 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and IRENE NGOC LUU aka IRENE PHOI LUU aka IRENE LUU-RADLEY (Appellant) BEFORE: WEILER, ROSENBERG JJ.A. and PARDU J. (ad hoc) COUNSEL: James Douglas Grenkie for the appellant Philip Perlmutter for the respondent HEARD: September 20, 2004 RELEASED ORALLY: September 20, 2004 On appeal from the disposition of the Ontario Review Board dated October 21, 2003. ENDORSEMENT [1] There was an evidentiary basis for the finding by the Review Board that the appellant poses a significant risk of dangerousness because of her mental illness, her personality disorder and her history of not taking medication when not supervised. While the Board’s reasons could have been more fulsome, they were sufficient given the real issues before the Board. The appellant did not seriously dispute the hospital’s evidence of risk and, in effect, asked the Board to take a chance. Given the evidence, the Board could properly find that the seriousness of the risk required her continued confinement in the hospital on the terms imposed by the Board. [2] That said, we are concerned about the lack of evidence about the possibility of managing the appellant within the community and supervising her taking of medication. Hopefully, at the appellant’s next hearing, there will be more exploration of those issues. [3] Accordingly the appeal is dismissed. Signed: “Karen M. Weiler J.A.” “M. Rosenberg J.A.” “G.I. Pardu J.A.”