Case information
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34286
Sam Tuan Vu v. Her Majesty the Queen
(British Columbia) (Criminal) (As of Right)
(Publication ban in case) (Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-08-10 | Appeal closed | |
| 2012-07-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-07-27 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-07-26 |
Judgment on the appeal rendered, CJ LeB De F Ro Cro Mo, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA036584, 2011 BCCA 112, dated March 11, 2011, heard on February 15, 2012, is dismissed. Dismissed |
|
| 2012-03-01 | Transcript received, (60 pages) | |
| 2012-02-15 | Judgment reserved OR rendered with reasons to follow | |
| 2012-02-15 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2012-02-15 | Appellant's condensed book, Submitted in Court (14 copies) | Sam Tuan Vu |
| 2012-02-15 | General proceeding, Questionnaire concerning the publication ban following the hearing | Her Majesty the Queen |
| 2012-02-15 | General proceeding, Questionnaire concerning the publication ban following the hearing | Sam Tuan Vu |
| 2012-02-15 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2012-02-15 |
Hearing of the appeal, 2012-02-15, CJ LeB De F Ro Cro Mo Judgment reserved |
|
| 2012-02-02 | Notice of appearance, Howard Rubin and Chandra Corriveau will be present at the hearing. | Sam Tuan Vu |
| 2012-01-18 | Notice of appearance, Jennifer Duncan and Kathleen Murphy will be present at the hearing. | Her Majesty the Queen |
| 2011-12-16 | Order on motion to strike out, (BY DESCHAMPS J.) | |
| 2011-12-16 |
Decision on motion to strike out, De, UPON APPLICATION by the appellant for an Order: 1. striking paragraphs 9, 20, 22 and 23 from the Respondent’s Factum; 2. for directions requiring the Respondent to cite the source of the evidence referred to in her Factum; 3. striking footnote 3; 4. refusing the Crown’s request to file a Record; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is dismissed Dismissed |
|
| 2011-12-16 | Submission of motion to strike out, De | |
| 2011-12-14 | Order on motion to extend time | |
| 2011-12-14 |
Decision on motion to extend time, to serve and file the respondent's record to 6th of Dec. 2011, Reg Granted |
|
| 2011-12-14 | Submission of motion to extend time, Reg | |
| 2011-12-14 | Response to motion to strike out, (Letter Form), from Rob Houston, dated Dec. 14, 2011, Completed on: 2011-12-14 | Her Majesty the Queen |
| 2011-12-09 | Motion to strike out, Paragraphs 9, 20, 22 & 23 from the Respondent's Factum, for directions, et al., Completed on: 2011-12-09 | Sam Tuan Vu |
| 2011-12-08 | Notice of hearing sent to parties | |
| 2011-12-07 |
Appeal hearing scheduled, 2012-02-15 Judgment reserved |
|
| 2011-12-02 | Motion to extend time, to serve and file the respondent's Record to Dec. 6, 2011, Completed on: 2011-12-02 | Her Majesty the Queen |
| 2011-12-02 | Respondent's book of authorities, Completed on: 2011-12-02 | Her Majesty the Queen |
| 2011-12-02 | Respondent's record, Completed on: 2011-12-02 | Her Majesty the Queen |
| 2011-12-02 | Respondent's factum, SEALED - Redacted copy filed on February 24, 2012, Completed on: 2011-12-02 | Her Majesty the Queen |
| 2011-10-28 | Correspondence received from, Burke-Robertson by e-mail re: change of counsel | Her Majesty the Queen |
| 2011-10-27 | Order on motion to extend time | |
| 2011-10-27 |
Decision on motion to extend time, De, to serve and file the Respondent's factum and book of authorities to Dec 6/11and for an order pursuant to rule 71(3), to present oral submission at the hearing of the appeal Granted |
|
| 2011-10-27 | Submission of motion to extend time, De | |
| 2011-10-21 | Response to motion to extend time, (Letter Form), from Howard Rubin, Q.C. dated Sept. 21/11, Completed on: 2011-10-21 | Sam Tuan Vu |
| 2011-10-21 | Motion to extend time, to serve and file the Respondent's factum and book of authorities to Dec 6/11and present oral submission at the hearing of the appeal., Completed on: 2011-10-21 | Her Majesty the Queen |
| 2011-10-20 | Appeal perfected for hearing | |
| 2011-09-29 | Correspondence received from, Mr. Rubin rec'd by fax re: nothing in their factum in regard to the publication ban | Sam Tuan Vu |
| 2011-08-23 | Appellant's book of authorities, Completed on: 2011-08-23 | Sam Tuan Vu |
| 2011-08-23 | Appellant's factum, (Word version rec'd sept. 12/11), Completed on: 2011-10-14 | Sam Tuan Vu |
| 2011-08-19 | Appellant's record, Completed on: 2011-09-02 | Sam Tuan Vu |
| 2011-07-21 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2011-07-12 | Order on motion to extend time to serve and/or file notice of appeal | |
| 2011-07-12 |
Decision on motion to extend time to serve and/or file notice of appeal, Cha, to May 31/11 Granted |
|
| 2011-07-12 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Cha | |
| 2011-06-30 | Response to motion to extend time to serve and/or file notice of appeal, (takes no position), Completed on: 2011-06-30 | Her Majesty the Queen |
| 2011-06-28 | Motion to extend the time to serve and/or file the notice of appeal, (to May 31/11), Completed on: 2011-06-28 | Sam Tuan Vu |
| 2011-05-31 | Notice of appeal, Extension of time requested (rec'd June 28/11), C/A order missing (rec'd July 7/11), Completed on: 2011-07-07 | Sam Tuan Vu |
| 2011-05-11 | Correspondence received from, Chandra Corriveau dated May 10, 2011. Re: Intention to file an application for leave to appeal | Sam Tuan Vu |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Vu, Sam Tuan | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Vu, Sam Tuan
Counsel
Howard Rubin, Q.C.
Burnaby, British Columbia
V5A 4R4
Telephone: (604) 415-4737
FAX: (778) 330-7255
Email: presumedinnocent@shaw.ca
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
Kathleen Murphy
John Gordon
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: jennifer.duncan@gov.bc.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Criminal law - Offences - Elements of the offence - Kidnapping - Forcible confinement - Aiding and abetting - Whether kidnapping a continuous offence - Mens rea necessary for conviction of kidnapping where accused not proven to have participated in initial abduction of victim.
The appellant, S.T.V., was convicted of forcible confinement but acquitted of kidnapping. S.T.V. forcibly confined a man for eight days after he was initially abducted by others. The Crown appealed the acquittal, arguing that the trial judge failed to recognize that kidnapping is a continuous offence that begins with the victim’s initial abduction and lasts continuously throughout the entire period of confinement, ending only with the rescue or escape of the victim. The Crown argued that if the trial judge found sufficient evidence to convict S.T.V. of forcible confinement, then there was enough evidence to convict him of kidnapping. The Court of Appeal allowed the Crown’s appeal and entered a conviction on the charge of kidnapping on the basis that the trial judge had found all the facts necessary to convict S.T.V. as a party to that offence by the application of the aiding and abetting provision in the Criminal Code.
Lower court rulings
Supreme Court of British Columbia
23905, 2008 BCSC 1376
See file
Court of Appeal for British Columbia (Vancouver)
CA036584, 2011 BCCA 112
See file
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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