Pubdate: Thu, 02 Jun 2005
Source: Richmond Review, The (CN BC)
Copyright: 2005 Richmond Public Library
Contact:  http://www.richmondreview.com/
Details: http://www.mapinc.org/media/704
Author: Martin van den Hemel
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

DRUG APPEAL GRANTED

A Richmond man has successfully appealed his drug conviction on the grounds 
a search warrant was based on "inaccurate information and on statements 
that were misleading."

Duc Thuan Luu was convicted in June of 2003 in Richmond provincial court of 
marijuana production, possessing marijuana for the purpose of trafficking, 
electricity theft and mischief in relation to an RCMP bust at a Richmond 
home on April 27, 2001.

During his trial, Luu's attempts to have certain evidence excluded was 
unsuccessful, despite the fact the trial judge rule there had been a 
violation of his Charter rights.

The trial judge ruled that the breach "was not serious" and that the police 
constable who swore the information "conducted herself...in good faith and 
her conduct could be explained by her lack of experience."

But during Luu's appeal to the B.C. Court of Appeal, the Crown conceded the 
trial judge "erred in his approach to the seriousness of the breach," Court 
of Appeal Justice I.T. Donald ruled last week.

"In particular, the trial judge failed to take into account the evidence 
that the information to obtain prepared by an inexperienced officer was 
examined by a senior sergeant, and yet that officer saw nothing wrong with 
the document."

The Crown conceded the appeal should be allowed and Luu be acquitted of the 
charges.

Donald allowed the appeal, and Justice R.T.A. Low and R.E. Levine agreed.

Luu had been handed a six-month conditional sentence, a one-year term of 
probation as well as a 10-year firearms prohibition.
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