Assault with a weapon, Dangerous operation of a conveyance, Mischief over $5,000
R. v. Sun
- No jail for a violent offence
Sentence and the Crown's position
What the law allows
Tong Sun pleaded guilty to mischief over $5,000, dangerous driving and assault with a weapon (a car), and appealed the Provincial Court's suspended sentences and 76 days in jail. With fresh psychiatric evidence, the Crown conceded the appeal and sought a conditional discharge with three years' probation, while Sun sought an absolute discharge. Justice Murray allowed the appeal and substituted a conditional discharge with three years' probation, finding that probation conditions monitoring his mental illness and medication were needed to protect the public.
In the judge's words
1If I were to grant Mr. Sun an absolute discharge, he would be without conditions or supervision; no one would be monitoring his mental state, whether he is taking his medication as prescribed or the efficacy of that medication. In my view that is not in Mr. Sun's best interests nor is it in the interests of the public.
The record
- Convicted of
- Assault with a weapon (CC 267(a))
- Dangerous operation of a conveyance (CC 320.13(1))
- Mischief over $5,000 (CC 430(3))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Discharge1
- Appeal
- Not yet checked
- Counsel
- Crown: S. Bains
Defence: B. Martland, K.C.
Sources
- R. v. Sun, 2023 BCSC 739 Court decision, CanLII, May 3, 2023
[5] Both Crown and Mr. Sun agree that a discharge is the appropriate disposition given Dr. Morgan's report but differ over the type of discharge. The Crown takes the position that a conditional discharge with three years' probation is the appropriate sentence.
[5] Both Crown and Mr. Sun agree that a discharge is the appropriate disposition given Dr. Morgan's report but differ over the type of discharge. … Mr. Sun submits that an absolute discharge is appropriate.
[1] On December 20, 2021, the appellant Mr. Sun plead guilty in Richmond Provincial Court to three criminal offences.
[14] Mr. Sun is 33. Before these convictions, he had no criminal record.
[36] The probation order that binds Mr. Sun contains conditions aimed at monitoring Mr. Sun's mental state, and ensuring that he is taking his medications. If I were to grant Mr. Sun an absolute discharge, he would be without conditions or supervision; no one would be monitoring his mental state, whether he is taking his medication as prescribed or the efficacy of that medication. In my view that is not in Mr. Sun's best interests nor is it in the interests of the public.
[39] In conclusion, I grant the appeal by consent and substitute the sentence of conditional discharge with probation for three years.
- Criminal Code, s. 267 Record, Justice Laws Website
- R. v. Sun, 2023 BCSC 739 Court decision, Courts of British Columbia