The appellants were convicted of conspiracy to commit robbery following a series of violent home invasions.
During the investigation, one of the appellants, Tran, was severely beaten by police officers after turning himself in, resulting in a broken jaw.
The officers attempted to cover up the assault and perjured themselves.
The trial judge found breaches of ss. 7 and 12 of the Charter but refused a stay of proceedings, opting instead to reduce Tran's sentence.
On appeal, the Court of Appeal upheld the convictions of the other appellants, finding no errors in the jury charge regarding multiple conspiracies, the Vetrovec warning, or the admission of co-conspirator statements.
However, the Court allowed Tran's appeal and entered a stay of proceedings, holding that the egregious police brutality, compounded by the Crown's conduct at trial, fell into the clearest of cases where a stay is the only appropriate remedy to preserve the integrity of the justice system.
