R. v. Nguyen (H.N.) (1994), 47 B.C.A.C. 7 (CA);
76 W.A.C. 7
MLB headnote and full text
Regina (respondent) v. Hung Nuy Nguyen (appellant)
(CA017177)
Indexed As: R. v. Nguyen (H.N.)
British Columbia Court of Appeal
Macfarlane, Taylor and Hutcheon, JJ.A.
June 24, 1994.
Summary:
The accused was charged with two counts of first degree murder but convicted by a judge and jury of two counts of second degree murder. The accused appealed from conviction.
The British Columbia Court of Appeal dismissed the appeal.
Criminal Law – Topic 4334
Procedure – Jury – General – Verdicts – Setting aside – The British Columbia Court of Appeal stated that where there is some evidence of identification of the accused as the offender and when the trial judge instructs the jury on the frailties of eyewitness identification it will rarely be appropriate for an appellate court to overturn the jury’s verdict – See paragraph 8.
Criminal Law – Topic 4399.9
Procedure – Jury charge – Directions re flight and other post-offence behaviour of accused – An accused on appeal objected to the jury charge on consciousness of guilt, respecting the flight of the accused – The British Columbia Court of Appeal held that the jury was not misdirected – See paragraphs 23 to 28.
Cases Noticed:
R. v. Yebes, [1987] 2 S.C.R. 168; 78 N.R. 351; 36 C.C.C.(3d) 417; 59 C.R.(3d) 108; 17 B.C.L.R.(2d) 1; [1987] 6 W.W.R. 97; 43 D.L.R.(4th) 424, refd to. [para. 7].
R. v. R.W., [1992] 2 S.C.R. 122; 137 N.R. 214; 54 O.A.C. 164; 74 C.C.C.(3d) 134, refd to. [para. 7].
R. v. Mastin (1991), 65 C.C.C.(3d) 204 (B.C.C.A.), consd. [para. 8].
Statutes Noticed:
Criminal Code, R.S.C. 1985, c. C-46, sect. 686(1)(a)(i) [para. 7].
Counsel:
R.C.C. Peck, Q.C., for the appellant;
W.F. Ehrcke, for the Crown.
This appeal was heard at Vancouver, British Columbia, before Macfarlane, Taylor and Hutcheon, JJ.A., of the British Columbia Court of Appeal.
On June 24, 1994, Macfarlane, J.A., delivered the following judgment orally for the Court of Appeal.
