Second degree murder, Assault with a weapon
R. v. Nguyen
Sentence and the Crown's position
What the law allows
Van Chau Nguyen pleaded guilty to second degree murder and assault with a weapon after attacking the manager of a marihuana grow operation in Mission with a machete, confining other occupants and setting the house on fire. Justice Tammen imposed the mandatory life sentence with no parole eligibility for 12 years, plus three years concurrent for the assault. The judge found aggravating features justified more than the 10-year minimum, but set the period at the low end because of Mr. Nguyen's age and health.
In the judge's words
1I believe it is unlikely that the accused will present a danger to the public at such time as the Parole Board deems him fit to be released into the community; and … in my view, this accused fits comfortably within the first grouping of offenders identified by Donald J.A. in Cerra (i.e., those whose parole ineligibility should be fixed between 12-15 years.) … Due to the advanced age of the accused and his health difficulties, I set the period of parole ineligibility at 12 years.
The record
- Convicted of
- Second degree murder (CC 231(7))
- Assault with a weapon (CC 267(a))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: C.M. Yamashiro
Defence: G.M. Ng
Sources
- R. v. Nguyen, 2024 BCSC 508 Court decision, CanLII, February 15, 2024
[5] Count 1 requires the imposition of a mandatory sentence of life imprisonment. However, I must determine the appropriate period of parole ineligibility between 10-25 years.
[1] THE COURT: The accused, Van Chau Nguyen, has pleaded guilty to two charges on Indictment no. 92509‑2.
[29] … I believe it is unlikely that the accused will present a danger to the public at such time as the Parole Board deems him fit to be released into the community; and … in my view, this accused fits comfortably within the first grouping of offenders identified by Donald J.A. in Cerra (i.e., those whose parole ineligibility should be fixed between 12-15 years.) … [30] Due to the advanced age of the accused and his health difficulties, I set the period of parole ineligibility at 12 years.
[31] Mr. Nguyen, would you please stand, sir. On Count 1, I sentence you to life imprisonment without eligibility for parole for 12 years. On Count 4, I sentence you to three years' imprisonment concurrent.
- R. v. Nguyen, 2024 BCSC 508 Court decision, Courts of British Columbia