R. v. Li, 2019 BCPC 49

Citation: R. v. Li 2019 BCPC 49 Date: 20190311 File No: 247058-1 Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA (Criminal Court) REGINA v. YE JIN LI EXCERPTS FROM PROCEEDINGS REASONS FOR SENTENCE OF THE HONOURABLE JUDGE T. GOVE Counsel for the Crown: J.E. Simpson Counsel for the Defendant: G. Garih Place of Hearing: Vancouver , B.C. Date of Hearing: March 11, 2019 Date of Judgment: March 11, 2019

[ 1 ] THE COURT: Ye Jin Li is a 55-year-old woman who, after a trial, I convicted of four counts related to dishonest conduct pursuant to the Bankruptcy and Insolvency Act . [ 2 ] In

summary, the offender obtained credit cards from the Bank of Montreal and from the Vancity Credit Union by not disclosing on her applications that she was already in debt to the Canadian Imperial Bank of Commerce and further lied that she was employed when she was not. The offences were not disclosing these credit card applications upon applying for her bankruptcy. When in bankrupt, she received substantial amounts of money which she did not disclose. These monies came from loans that she used to gamble at casinos.

Finally, although she went into debt by casino gambling, she also gained up to $60,000 which she did not disclose. [ 3 ] Those facts make up the four offences. Her current status is as an "undischarged bankrupt." This status came about as a result of her failure to disclose, an obligation that continues. Her future status is uncertain. [ 4 ] She is living in poverty in the home of one of her children, of which she has three. She has no prior criminal record. She appears to have worked for most of her life until the last few years when it appears that her addiction to gambling has turned her life into turmoil.

She owes something like $80,000 to the three financial institutions. She owes more money to friends and "loan sharks." She has apparently been staying home "in hiding" due to her fear of some of her creditors. Even if her bankruptcy application completes, it seems unlikely that these creditors would be satisfied. [ 5 ] I was referred to two cases on sentencing. They are R. v. Maria Batista a December 19, 2011, decision of my sister the Honourable Judge Walker, and R. v. Vin Tom Pham an October 28, 2016, decision of my brother the Honourable Judge Harris.

In each case, the accused pled guilty to similar offences before me, albeit in the Pham case halfway through a trial. In each case, mental health and/or gambling were factors. Each of those accused were sentenced to serve conditional sentences. [ 6 ] The Bankruptcy and Insolvency Act is designed to help those who are in debt with little or no prospect to regain financial stability. It is premised on the applicant being honest in disclosure. The accused's conduct is a breach of that trust.

She breached the Act on more than one occasion and I am satisfied that deterrence and denunciation are the leading considerations in this sentencing. [ 7 ] Here, the Crown and defence agree to a 12-month sentence to be served as a conditional sentence with a curfew and with the offender completing community work service. I agree.

There will be a sentence of 12 months to be served as a conditional sentence order with the statutory terms including to keep the peace and be of good behaviour; to report to a conditional sentence supervisor at 275 East Cordova Street by 4:00 p.m., March 11, 2019, and thereafter as directed; to reside where directed by the conditional sentence supervisor and not change your address without prior written permission of that supervisor; until August 1, 2019, to be within her residence between the hours of eight o'clock in the evening and six o'clock the following morning; to attend for counselling or such similar programs as directed by the conditional sentence supervisor and complete the counselling or programs to the satisfaction of the supervisor; to not be in any casino; to not apply for any credit card or loan from a financial institution; and to complete 50 hours of community service by November 1, 2019. [ 8 ] Madam Prosecutor, are there any ancillary orders that flow from this conviction?

Is there a DNA order? [ 9 ] MS. SIMPSON: No, there are not -- there are not, Your Honour. Can I just clarify, when was the -- [ 10 ] THE COURT: Please. [ 11 ] MS. SIMPSON: -- work service to be completed by? [ 12 ] THE COURT: The work service? [ 13 ] MS. SIMPSON: When was it -- [ 14 ] THE COURT: November 1st. [ 15 ] MS. SIMPSON: November 1st, thank you. No, there are no -- I am not asking for any DNA. There is no mandatory firearms or anything like that, Your Honour. [ 16 ] THE COURT: All right. Any questions? [ 17 ] MR. GARIH: No, Your Honour. [ 18 ] THE COURT: Okay. All right. I am hoping that Ms.

Li gets her life back together. [ 19 ] MS. SIMPSON: Oh, I am sorry, Your Honour. I apologize for the interruption, but I did -- I was requesting that she be required to stay within the jurisdiction for 12 months. [ 20 ] THE COURT: I believe that is one of the statutory conditions. [ 21 ] MS. SIMPSON: Is that? Okay, sorry, thank you. [ 22 ] THE COURT: But you should know, ma'am, if you breach any of these orders, you will be brought back before me, and you can expect to go to jail. [ 23 ] Thank you.

(REASONS FOR SENTENCE CONCLUDED)