R. v. JWJL Date:, 2014 BCPC 96

Citation: R. v. JWJL Date: 20140411 2014 BCPC 0096 File No: 84336-2C Registry: Port Coquitlam IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. JWJL ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE JANZEN Counsel for the Crown: M. Mann Counsel for the Accused: D. Karp

Place of Hearing: Port Coquitlam , B.C. Date of Hearing: April 11, 2014 Date of Judgment: April 11, 2014 [ 1 ] THE COURT: Mr. L pleaded guilty to the aggravated assault on July 10 th , 2010 of one man pursuant to s. 268(2) of the Criminal Code , and the assault with a weapon of two men, contrary to s. 267 (

a) of the Criminal Code on the same occasion. [ 2 ] Your first victim suffered stab wounds to his left lung that was punctured, his left bicep, and his right calf. Your second victim was stabbed in the left shoulder, and your third victim received a laceration to his left thumb and a stab wound to his left shoulder.

All three required treatment at Royal Columbian Hospital, but all have, happily, recovered from their injuries. [ 3 ] You did not know your victims and the assaults, even if not completely unprovoked as Crown counsel asserted, represented a grossly disproportionate response to whatever real or imagined provocation there may have been.

The attacks seemed to be related to the fact that you were intoxicated by alcohol and the fact that you were carrying a knife. [ 4 ] The main aggravating factor is that you have a record that includes an assault with a weapon when you were 17 and a trafficking offence from 2006. [ 5 ] Mitigating factors are your youth at the time of the offence, your guilty plea, and the impressive steps you have taken in the almost four years since the offences towards your rehabilitation. [ 6 ] Counsel agreed on several key aspects of a fit and appropriate sentence including the terms of a probation order and the narrowing of the range of an appropriate sentence to between 16 months and two years less a day. [ 7 ] Several cases from the B.C.

Court of Appeal make clear that the range for aggravated assault starts with a jail term of 16 months. That is to recognize the essential sentencing principles of denunciation and deterrence and the safety of the public when dealing with a serious violent crime like aggravated assault. [ 8 ] I find that rehabilitation is also an important sentencing objective in this case considering your youth and the many positive steps you have taken to ensure your rehabilitation. You have abided faithfully by strict bail terms for between three and four years. You are in a stable, long-term relationship.

You live with your parents and work in your father's business. You have a plan for starting a business with your father's help upon your release from custody. You have no contact anymore with a negative peer group. I do not expect to see you in a criminal court again. [ 9 ] Stand up, Mr.L. [ 10 ] I consider a fit and appropriate sentence in all of the circumstances of this case to be 16 months followed by a term of probation of three years. [ 11 ] The terms of the probation order will be as follows: 1. You are to keep the peace and be of good behaviour. 2.

You are to report within 72 hours of your release to a probation officer and thereafter when and in the manner directed by your probation officer. 3. You are to notify your probation officer of your address and telephone number and you are not to change that address or telephone number without the prior written permission of your probation officer. 4. You are to abstain absolutely from the possession or consumption of alcohol or controlled substances as defined in the Controlled Drugs and Substances Act. 5.

You are not to possess any weapons as defined in the Criminal Code of Canada including knives, except for the immediate preparation and consumption of food or if required by your employment and then only at the place of your employment. 6. You are not to be in possession of any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and any related authorizations, licences and registration certificates. 7.

You must have no contact directly or indirectly with Jasper Paray Chang, Chris Chi-Ho Chow, Michael Huynh, Elizabeth Hau Chee Jang, Dat Tien (Jason) Lai, Jessica Phan, Jennifer Wu, Ken Wu, Louise Wu, Sandra Wu, Sylvia Wu, and Robin Yang. 8. You are not to attend within one block of any school, residence, or place of employment of Jasper Paray Chang, Chris Chi-Ho Chow, Michael Huynh, Elizabeth Hau Chee Jang, Dat Tien (Jason) Lai, Jessica Phan, Jennifer Wu, Ken Wu, Louise Wu, Sandra Wu, Sylvia Wu, and Robin Yang. 9.

You are to attend for, participate in and successfully complete such counselling as may be directed by your probation officer. [ 12 ] You are also to provide a sample of your DNA pursuant to s. 487.051(1) of the Criminal Code . [ 13 ] I will also be making a mandatory firearms prohibition for life order pursuant to s. 109 of the Criminal Code .

[ 14 ] Are there any questions or concerns? [ 15 ] MS. MANN: Are the sentences concurrent on each of the two counts? [ 16 ] THE COURT: That is correct. [ 17 ] MS. MANN: Correct. Thank you, Your Honour. [ 18 ] THE COURT: Thank you. [ 19 ] MR. KARP: Thank you, Your Honour. [ 20 ] THE COURT: And any outstanding counts? [ 21 ] MS. MANN: The Crown directs a stay of proceedings, Your Honour. Thank you. [ 22 ] THE COURT: Thank you. (ORAL REASONS FOR SENTENCE CONCLUDED)