R. v. Nguyen

R. v. Nguyen

On the total evidence the court found the accused was the individual known as 'Hung' and that the combination of identity evidence, documentary and electronic links to the telephone and purchases, surveillance placing his vehicle at grow sites, a latent fingerprint at a grow site, large unexplained cash and bank deposits, and accounting/receipts for grow supplies created a coherent circumstantial case establishing knowledge, possession and participation in a joint criminal enterprise beyond a reasonable doubt; therefore convictions entered.

Citation
2007 NSPC 53
Parties
Crown: Her Majesty the Queen; Accused: Tuan Anh Nguyen
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 September 2007
Procedural Posture
Criminal / Trial Judgment (conviction)
Legal Topics
Production of Marihuana, Possession for the Purpose of Trafficking, Unlawful Diversion of Electricity, Identification Evidence, Joint Liability/parties to an Offence, Adverse Inference for Failure to Call Witnesses
Source Language
English
Criminal Law Drug Offences Evidence Law Property/energy Theft Production of Marihuana Possession for the Purpose of Trafficking Unlawful Diversion of Electricity Identification Evidence +2 more

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Parties

Her Majesty the Queen

Crown

Tuan Anh Nguyen

Accused

Procedural Posture

Criminal / Trial Judgment (conviction)

Legal Issues

  1. 1 Was the accused the person identified as 'Hung' by the witness Woods?
  2. 2 Did the accused have possession or joint possession of marihuana and related paraphernalia?
  3. 3 Was the accused a party to the offences (joint principal, aider, abettor) under s.21 Criminal Code?

Ratio Decidendi

On the total evidence the court found the accused was the individual known as 'Hung' and that the combination of identity evidence, documentary and electronic links to the telephone and purchases, surveillance placing his vehicle at grow sites, a latent fingerprint at a grow site, large unexplained cash and bank deposits, and accounting/receipts for grow supplies created a coherent circumstantial case establishing knowledge, possession and participation in a joint criminal enterprise beyond a reasonable doubt; therefore convictions entered.