The United States of America v. Ngyuen
The Court upheld the extradition judge's finding that there was at least a scintilla of reliable evidence to satisfy the essential elements in the Authority to Proceed because the undercover officer's evidence combined with evidence of Mai-Le's involvement provided some evidence the appellant knew the monies were...
Source-derived case information.
- Citation
- C43844
- Parties
- Respondent: THE UNITED STATES OF AMERICA; Appellant: TUAN ANH NGYUEN
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 November 2006
- Procedural Posture
- Criminal (extradition) / Appeal to Court of Appeal From Superior Court Extradition Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Conspiracy, Standard of Evidence, Authority to Proceed, Knowledge of Proceeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE UNITED STATES OF AMERICA
Respondent
TUAN ANH NGYUEN
Appellant
Procedural Posture
Criminal (extradition) / Appeal to Court of Appeal From Superior Court Extradition Decision
Legal Issues
- 1 Whether there was a 'scintilla' of reliable evidence to satisfy the essential elements in the Authority to Proceed
- 2 Whether the appellant was aware that the monies laundered were proceeds of trafficking in a controlled substance
- 3 Whether the extradition judge erred in admitting or weighing the evidence
Ratio Decidendi
The Court upheld the extradition judge's finding that there was at least a scintilla of reliable evidence to satisfy the essential elements in the Authority to Proceed because the undercover officer's evidence combined with evidence of Mai-Le's involvement provided some evidence the appellant knew the monies were proceeds of trafficking; therefore the appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
The United States of America v. Ngyuen Collection Decisions of the Court of Appeal Date 2006-11-15 Docket numbers C43844 Judges Moldaver, Michael James; Simmons, Janet M.; Gillese, Eileen E. Subject Criminal Decision Content DATE: 20061110 DOCKET: C43844 COURT OF APPEAL FOR ONTARIO RE: THE UNITED STATES OF AMERICA (Respondent) – and – TUAN ANH NGYUEN (Appellant) BEFORE: MOLDAVER, SIMMONS and GILLESE JJ.A. COUNSEL: Giuseppe Cipriano for the appellant Anya Weiler for the respondent HEARD & ENDORSED: November 9, 2006 On appeal from the decision of Justice Michael J. Quigley of the Superior Court of Justice dated June 16, 2005 APPEAL BOOK ENDORSEMENT [1] We are not persuaded that the extradition judge erred in holding that there was at least a “scintilla” of reliable evidence to satisfy the essential elements of the offence as set out in the Authority to Proceed. In particular, when the evidence of the undercover officer is viewed in combination with the evidence relating to Mai-Le’s involvement in the alleged conspiracy, we are satisfied that there is some evidence to show that the appellant was aware that the monies being laundered were the proceeds of trafficking in a controlled substance. [2] Accordingly, we would dismiss the appeal.