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McMynn kidnappers given jail terms from eight to 13 years

The three men convicted of kidnapping Graham McMynn in 2006 were givensentences in B.C. Supreme Court on Tuesday ranging from eight to 13years.

The three men convicted of kidnapping Graham McMynn in 2006 were given sentences in B.C. Supreme Court on Tuesday ranging from eight to 13 years.

Anh The Nguyen and Jose Hernandez received 12 and 13 years, respectively, for kidnapping and eight years each for unlawful confinement, to be served concurrently.

Sam Vu was given eight years for unlawful confinement.

All three men received double credit for the nearly three years they spent in jail awaiting trial and sentencing, bumping five years and 38 weeks from their sentences.

McMynn was kidnapped at gunpoint as he and his girlfriend were driving to school and held for eight days before being rescued in a massive police investigation.

Graham’s father Robert McMynn said he was worried Justice Arne Silverman was going to be more lenient, so he was happy with the sentences.

“I still feel the system favours the criminal over the victim,” McMynn said.

“I understand the logic behind double time, but I don’t agree with it. The sentences aren’t long enough, but (Silverman) is bound by precedent. Someone has to break the precedent.”

He said he’s just happy the ordeal is over.

The Crown wanted Nguyen and Hernandez to serve 18 years and Vu 10 years, but lawyers for the men pointed out they had no prior criminal records and want to go back to school.

In sentencing, Justice Arne Silverman said he had to balance aggravating factors – like the fact McMynn was threatened with death, mitigating factors – like the suspects putting toilet paper under McMynn’s blindfold to make him more comfortable, and the outcomes of similar cases.

“There’s not one straight line that leads to an obvious conclusion,” Silverman said. “(McMynn) wasn’t killed or injured. Now, that’s not something they’re entitled medals for. (But) they did not hurt him.”

He also took into account the men’s ages, lack of prior criminal records and the possibility of rehabilitation.

Crown prosecutor Richard Cairns agreed the sentences were too short but said the judge’s hands were tied by the current laws.

“They took this man from his daily life and subjected him to eight days of terror,” Cairns said. “Society has to assess whether the sentences being imposed are (fair).”

 
 
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