R. v. Zeng, 2021 BCPC 297

Citation: R. v. Zeng 2021 BCPC 297 Date: 20211130 File No: 65197-1 Registry: Richmond IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. Shi Yuan Zeng REASONS FOR SENTENCE OF THE HONOURABLE JUDGE P. CHEN Counsel for the Crown: M. Merry Counsel for the Defendant: J. Wu Place of Hearing: Richmond , B.C. Date of Hearing: November 29, 2021 Date of Judgment: November 30, 2021 [ 1 ] Mr. Zeng, please stand and step forward. You have already heard what counsel have submitted both today and previously in August. You have heard my comments. You are not required to say anything but you have the right to speak and address the court before

I pass sentence if you wish. Do you wish to say anything? [ 2 ] I accept and understand the circumstances that led to counsel’s joint submission and I am aware that joint submissions are to be given deference by the courts. I have advised counsel of my concerns regarding their joint submission for a conditional discharge with a 9 month probation order, and have provided them with an opportunity to address those concerns. [ 3 ] However, I now have the benefit of having read the pre-sentence report and the psychological report which has provided information that was not previously known by counsel or the court.

That information has raised concerns that could not have been addressed previously by counsel. In my view, I must take that additional information into account in this sentence. I cannot ignore it. [ 4 ] In particular, I am very concerned, Mr. Zeng, that you have expressed a feeling of justification for your actions and have expressed to the probation officer that you would repeat your criminal actions if similar circumstances should arise in the future. I am also concerned that, after stewing over your perception of Mr. Ishikawa’s insult, it appears that you planned your pre-meditated and vicious assault of him.

You have expressed that you have no qualms about doing it again should you find yourself in similar circumstances in the future. [ 5 ] Mr. Zeng, you have to learn what is acceptable and what is not acceptable in our society. There is a wide range of conduct that takes place in our society, that may be inappropriate or perhaps rude, offensive or insulting, but none-the-less does not attract the sanction of the criminal law.

The criminal law of Canada is a collective statement of our Canadian society, as expressed through Parliament, as to exactly what kind of conduct is so offensive and unacceptable, that it becomes punishable by the law. [ 6 ] What you believe Mr. Ishikawa did by showing you his middle finger – a month prior to your assault of him – may have been rude, offensive or insulting. It may have been inappropriate. But it was not the kind of conduct that our society, through parliament, has deemed to be deserving of criminal sanctions. On the other hand , what you did in response, in physically assaulting Mr.

Ishikawa, was totally over the edge of what society is prepared to accept. [ 7 ] In my view, the circumstances of this offence call out for a sentence that must address the principle of denunciation – that is, the outrage of society at your conduct – and deterrence, both general (to deter others from engaging in such conduct) and specific (to deter you from engaging from such conduct in the future). What you engaged in was criminal conduct. You cannot do that. [ 8 ] You have committed no prior criminal offenses and I have not been informed of any outstanding criminal charges.

I believe you will be 47 years old next month. Mr. Ishikawa did not suffer any serious injuries as a result of your assault. By entering into a guilty plea, you have accepted at least some responsibility for your actions. [ 9 ] It appears that Mr. Ishikawa did not even remember the incident that you were so incensed and enraged about that you were prepared to plan and perpetrate this assault of him a month later.

He has been traumatized by your senseless attack on him. [ 10 ] While I am prepared to accept the submissions for a conditional discharge, I am of the view that a 9 month probation order would be inadequate to properly address the public interest. You must learn to control your anger. I hope that the sentence I impose will help to convince you how wrong your conduct was and perhaps persuade you not to do it again.

In that sense, I intend to impose a sentence that is rehabilitative while still addressing the principles of denunciation and deterrence. [ 11 ] Having heard and considered the circumstances of the offence, your personal circumstances, the submissions of counsel, the pre- sentence report and the forensic psychological report that have been presented in these proceedings, I find that it is in your best interest and not contrary to the public interest that you be discharged on the conditions prescribed in a probation order. The probation order will be for a period of 2 years. The conditions will be as follows: 1.

You will keep the peace and be of good behaviour. 2. You will appear before the court when required to do so by the court. 3. You will report in person to a probation officer at 210-7577 Elmbridge Way, Richmond, B.C., no later than 3pm tomorrow December 1 st , 2021, and after that you will report as and when and in the manner directed by the probation officer. 4. On your initial report to your probation officer, you will provide your probation officer with your residential address and your contact information including any phone numbers.

You will thereafter not change your address or your contact information without first providing your probation officer with written notice of such changes at least 2 days before those changes take effect. 5. You will perform 80 hours of community work service at the direction of and to the satisfaction of your probation officer within the first 15 months of this order. 6. You will have no contact or communication, directly or indirectly, with Chad Naoki Ishikawa. 7. You must not go to any place where Chad Naoki Ishikawa lives, works, attends school or worships, or happens to be.

If you see him, you must leave his presence immediately without any words or gestures. 8. You must attend, participate in and complete any intake, counselling or education program as directed by your probation officer. This may include counselling or programming for anger management, violence prevention or mental health. [ 12 ] Mr. Zeng, do you understand these conditions? Do you have any questions about them? [ 13 ] Having read these conditions to you on the record and your having confirmed your understanding of them, I waive the further reading of them and I waive your signature to them.

[ 14 ] Mr. Zeng, if you complete your probation order without breaching any of these conditions, you will not have a criminal conviction registered against you. However, I am also required to tell you this: 1. You must comply with each and every condition of this order. It is a criminal offense not to comply. If you wilfully fail or refuse to comply with any of the conditions in this probation order, you can be charged with that criminal offense. 2.

Also, if you are convicted of not complying with this probation order, or if you are convicted of another offense while you are on probation, you obviously will be sentenced on those offenses, but over and above that, you can be brought back before me on this offense and I can then change this probation order, and I can also revoke this discharge, convict you, and sentence you to any sentence the law allows, including a jail sentence. [ 15 ] Mr.

Zeng, do you understand that? [ 16 ] Very well, I direct that a copy of this order and these conditions be emailed to your counsel and you may obtain a copy of them from him. [ 17 ] I will grant you 3 months to pay the Victim Fine Surcharge. _____________________________ The Honourable Judge P. Chen Provincial Court of British Columbia