R. v. Tse (Y.F.A.) et al., (2013) 336 B.C.A.C. 148 (CA)

• Judge: Saunders, Kirkpatrick and Garson, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: March 19, 2013
• Jurisdiction: British Columbia
• Citations: (2013), 336 B.C.A.C. 148 (CA);2013 BCCA 122

R. v. Tse (Y.F.A.) (2013), 336 B.C.A.C. 148 (CA);

    574 W.A.C. 148

MLB headnote and full text

Temp. Cite: [2013] B.C.A.C. TBEd. MR.054

Regina (respondent) v. Nhan Trong Ly (appellant)

(CA038426; 2013 BCCA 122)

Indexed As: R. v. Tse (Y.F.A.) et al.

British Columbia Court of Appeal

Saunders, Kirkpatrick and Garson, JJ.A.

March 19, 2013.

Summary:

Three persons were found to have been kidnapped and held almost one month for the purpose of extorting monies from relatives. After monies were paid, and promises for more monies were made, all three persons were released. Six persons, including Ly, were charged with various offences. Ly was found guilty of two counts of kidnapping with intent to hold the persons for ransom, three counts of unlawful confinement and three counts of extortion or attempted extortion. Ly appealed his convictions, arguing that the trial judge erred: "1. in treating the Crown and defence theories as competing theories to choose between; 2. in accepting the evidence of Ms. Pan, whose evidence he says was untrustworthy in all respects; and 3. in failing to consider the evidence against him in the context of his limited involvement in the events". Globally, Ly argued that his convictions were unreasonable and unsupported by the evidence.

The British Columbia Court of Appeal dismissed the appeal.

Criminal Law - Topic 4351

Procedure - Charge or directions - Jury or judge alone - Directions regarding burden of proof and reasonable doubt - See paragraphs 6 to 13.

Criminal Law - Topic 4377

Procedure - Jury charge - Directions re credibility of witnesses - See paragraphs 14 to 17.

Criminal Law - Topic 4865

Appeals - Indictable offences - Grounds of appeal - Verdict unreasonable or unsupported by evidence - See paragraphs 18 to 22.

Cases Noticed:

R. v. J.H.S., [2008] 2 S.C.R. 152; 375 N.R. 67; 265 N.S.R.(2d) 203; 848 A.P.R. 203; 2008 SCC 30, refd to. [para. 6].

R. v. Manj, [1995] B.C.J. No. 1059 (C.A.), refd to. [para. 11].

R. v. Brown and Murphy, [1985] 2 S.C.R. 273; 62 N.R. 241; 65 A.R. 158, refd to. [para. 11].

R. v. C.W.H. (1991), 3 B.C.A.C. 205; 7 W.A.C. 205; 68 C.C.C.(3d) 146 (C.A.), refd to. [para. 14].

Counsel:

B. Bagnall, for the appellant, N. Ly;

M. Ainslie, M. Brundrett and A. Adams, for the respondent.

This appeal was heard on May 22-24, 2012, at Vancouver, B.C., before Saunders, Kirkpatrick and Garson, JJ.A., of the British Columbia Court of Appeal.

On March 19, 2013, the following judgment was delivered by the Court.