United States of America v. Huynh
The ROC and Supplemental ROC contained adequate material, including prolonged surveillance, the special agent's familiarity with incriminating expressions and corroborating seizures, to demonstrate the reliability of the evidence and identify the appellant; the extradition judge was entitled to interpret the bail...
Source-derived case information.
- Citation
- 2007 ONCA 846
- Parties
- Respondent: United States of America; Appellant: My Ngoc Huynh
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 7 December 2007
- Procedural Posture
- Criminal Extradition / Appeal From Committal Order to Court of Appeal
- Outcome
- Appeal dismissed.
- Legal Topics
- Evidence Reliability, Means of Knowledge Disclosure, Identification, Bail Interpretation, Committal Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
United States of America
Respondent
My Ngoc Huynh
Appellant
Procedural Posture
Criminal Extradition / Appeal From Committal Order to Court of Appeal
Legal Issues
- 1 Whether the demanding state produced reliable evidence for extradition
- 2 Whether nondisclosure of means of knowledge of Special Agent McLeod undermined reliability
- 3 Whether the record sufficiently identified the appellant
Ratio Decidendi
The ROC and Supplemental ROC contained adequate material, including prolonged surveillance, the special agent's familiarity with incriminating expressions and corroborating seizures, to demonstrate the reliability of the evidence and identify the appellant; the extradition judge was entitled to interpret the bail material as he did; accordingly the appeal is dismissed.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
United States of America v. Huynh Collection Decisions of the Court of Appeal Date 2007-12-07 Neutral citation 2007 ONCA 846 Docket numbers C46395 Judges Rosenberg, Marc; MacPherson, James C.; Simmons, Janet M. Subject Criminal Decision Content CITATION: United States of America v. Huynh, 2007 ONCA 846 DATE: 20071205 DOCKET: C46395 COURT OF APPEAL FOR ONTARIO ROSENBERG, MacPHERSON and SIMMONS JJ.A. BETWEEN: THE UNITED STATES OF AMERICA Respondent and MY NGOC HUYNH Appellant Paul Calarco for the appellant Chris de Sa for the respondent Heard and endorsed: December 3, 2007 On appeal from the committal order of Justice Lucien Beaulieu of the Superior Court of Justice dated September 20, 2006. APPEAL BOOK ENDORSEMENT [1] The appellant’s submission essentially comes down to the proposition that the demanding state did not produce reliable evidence because the means of knowledge, especially of Special Agent McLeod, were not disclosed. We do not agree. The record and supplementary record provide detailed information as to nature of the prosecution and the special agent’s means of knowledge. As declared in the ROC and Supplemental ROC the various members of the company including the appellant were under electronic and physical surveillance for many months. The special agent became very familiar with the expressions used and subsequent seizures of drugs confirmed his understanding. There was adequate material in the ROC and Supplemental ROC to demonstrate the reliability of the evidence and confirm the appellant’s identity. [2] Finally, it was open to the extradition judge to interpret the material relating to the bail of Son in the manner that he did. [3] Accordingly, the appeal is dismissed.