Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38821
Thomas Duong v. Her Majesty the Queen
(British Columbia) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2020-02-06 | Close file on Leave | |
| 2019-12-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-12-13 | Judgment on leave sent to the parties | |
| 2019-12-12 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA45237, 2019 BCCA 299, dated August 20, 2019, is dismissed. Dismissed, no order as to costs |
|
| 2019-11-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-11-01 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-11-01 | Thomas Duong |
| 2019-10-29 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2019-10-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-10-29 | Her Majesty the Queen |
| 2019-10-17 |
Correspondence received from, (Letter Form), CA Order Form - October 28, 2019 |
Thomas Duong |
| 2019-10-03 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 10/03/19 | |
| 2019-09-25 | Certificate (on limitations to public access), (Letter Form) | Thomas Duong |
| 2019-09-25 | Application for leave to appeal, (Book Form), Missing: CA Order (rec' 10/25/19), Completed on: 2019-11-13 | Thomas Duong |
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 |
|---|---|---|
| Duong, Thomas | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Duong, Thomas
Counsel
20 Adelaide Street East
Suite 210
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Email: info@alandgoldlaw.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
Mike Barrenger
865 Hornby Street - 6th Floor
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-3417
FAX: (604) 660-1095
Email: peter.hogg@gov.bc.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8817
FAX: (613) 788-3500
Email: robert.houston@gowlingwlg.com
Summary
Keywords
Criminal law — Convictions — Appeal — Evidence — Transcripts of intercepted communications accurately set out words spoken — Trial judge departs from wording and speaker identified in one transcript without providing notice to parties — Whether curative proviso applies — Trial judge draws unreasonable inference from some of the evidence — Whether Court of Appeal erred in treatment of unreasonable inference — Whether verdict is reasonable?
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.
Following a shooting in a park in Richmond, B.C., Mr. Duong and a co-accused were charged with attempted murder and unlawful discharge of a weapon. The Crown’s case against Mr. Duong depended on circumstantial evidence. It included surveillance before and after the shooting, intercepts of Mr. Duong’s conversations with his co-accused in the co-accused’s vehicle before and after the shooting, and gunshot residue evidence. The parties filed signed admissions. Mr. Duong was convicted on both charges. In her reasons for conviction, the trial judge held that two utterances in one intercept differed from what was set out in the transcript agreed to and filed by the parties and who spoke one of the utterances differed from the transcript. She did not advise counsel of her intent to depart from the transcript or provide an opportunity to make submissions. The trial judge also inferred that before the shooting Mr. Duong had directed his girlfriend to use his car to draw the attention of the police away from him. Mr. Duong appealed. The Court of Appeal agreed that the trial judge erred but upheld the convictions.
Lower court rulings
Provincial Court of British Columbia
60320-1
Convictions for attempted murder and unlawful discharge of a weapon
Court of Appeal for British Columbia (Vancouver)
2019 BCCA 299, CA45237
Appeal dismissed
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.
Downloadable PDFs
Not available
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.
Downloadable PDFs
Not available