R. v. Nguyen
The trial judge committed an error in principle by departing from the agreed joint submission without explaining why the proposed sentence was contrary to the public interest and by failing to take into account the Crown's concession regarding the appellant's minor role; appeal allowed and sentence reduced to a 13...
Source-derived case information.
- Citation
- C42782
- Parties
- Respondent: Her Majesty the Queen; Appellant: Van Luu Nguyen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 11 July 2005
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Appeal allowed; sentence reduced.
- Legal Topics
- Conditional Sentence, Joint Submission, Public Interest, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Van Luu Nguyen
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether the trial judge erred in law by departing from a negotiated joint submission
- 2 Whether the suggested joint submission would bring the administration of justice into disrepute or was contrary to the public interest
- 3 Whether the trial judge failed to take into account the appellant's minor role
Ratio Decidendi
The trial judge committed an error in principle by departing from the agreed joint submission without explaining why the proposed sentence was contrary to the public interest and by failing to take into account the Crown's concession regarding the appellant's minor role; appeal allowed and sentence reduced to a 13 month conditional sentence with specified terms.
Court Disposition
Appeal allowed; sentence reduced.
Orders
- Sentence reduced to a 13 month conditional sentence to run from the date of the decision on the terms set out in Appendix A of the appellant's factum except that term ten will be for a period of 7 months.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Nguyen Collection Decisions of the Court of Appeal Date 2005-07-11 Docket numbers C42782 Judges Rosenberg, Marc; MacFarland, Jean Louise; Rouleau, Paul S. Subject Criminal Decision Content DATE: 20050711 DOCKET: C42782 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – VAN LUU NGUYEN (Appellant) BEFORE: ROSENBERG, MACFARLAND and ROULEAU JJ.A. COUNSEL: Craig Parry for the appellant Iona Jaffe for the respondent HEARD & ENDORSED: July 11, 2005 On appeal from the sentence imposed by The Honourable Mr. Justice McDermid on November 18, 2004. APPEAL BOOK ENDORSEMENT [1] The Crown properly concedes that the suggested joint submission would not bring the administration of justice into disrepute and was not contrary to the public interest. The trial judge erred in principle in departing from the joint submission. He did not explain why the proposed sentence was contrary to the public interest and he failed to take into account the minor role alleged by the Crown. [2] Accordingly, the appeal is allowed and the sentence is reduced to a 13 month conditional sentence to run from today’s date on the terms set out in Appendix “A” of the appellant’s factum except that term ten will be for a period of 7 months.