R. v. Hernandez (J.) et al. 2012 SCC 40
Criminal Law - Offences against person and reputation - Kidnapping and hostage taking - What constitutes
The victim was abducted and held for eight days during which time he was moved from one house to a second and then a third. Vu was one of five accused charged with kidnapping and unlawful confinement of the victim.
The British Columbia Supreme Court, in a decision reported at  B.C.T.C. Uned. C48, acquitted Vu of kidnapping and convicted him of unlawful confinement. The Crown appealed from the acquittal. Vu cross-appealed from the conviction.
The British Columbia Court of Appeal, in a decision reported at (2011), 302 B.C.A.C. 187; 511 W.A.C. 187, allowed the Crown’s appeal, entering a conviction for kidnapping. Vu’s cross-appeal was dismissed. The unlawful confinement conviction was stayed in accordance with the principle in R. v. Kienapple. The matter was remitted to the trial court for sentencing on the kidnapping count. Vu appealed from the kidnapping conviction.
The Supreme Court of Canada dismissed the appeal.