Aggravated assault
R. v. Weng
Sentence and the Crown's position
What the law allows
Lee Chia Weng was sentenced for aggravated assault after the Court of Appeal substituted that offence for his attempted murder conviction arising from a 2006 shooting in a Burnaby parking lot; his conviction for the second degree murder of another man in the same shooting stands. Crown and defence jointly proposed five years' imprisonment, concurrent to his life sentence. Associate Chief Justice Holmes accepted the joint submission as reflecting denunciation and deterrence for gun violence, and found the sentence already served through pre-sentence custody.
In the judge's words
1I am satisfied that the sentence jointly proposed is a fit one that reflects the sentencing principles emphasizing denunciation and deterrence for gun violence, as there was in this case.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 5 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: D. Mulligan
Defence: I. Donaldson, K.C.
Sources
- R. v. Weng, 2024 BCSC 1489 Court decision, CanLII, July 17, 2024
[4] Counsel present a joint submission that the sentence for aggravated assault should be five years' imprisonment, and that the sentence should be considered to have been already served through time Mr. Weng has spent in pre-sentencing custody.
[4] Counsel present a joint submission that the sentence for aggravated assault should be five years' imprisonment, and that the sentence should be considered to have been already served through time Mr. Weng has spent in pre-sentencing custody.
[7] In relation to Count 2, on which you have been convicted of the lesser included offence of the aggravated assault of … I sentence you to five years' imprisonment.
[5] I am satisfied that the sentence jointly proposed is a fit one that reflects the sentencing principles emphasizing denunciation and deterrence for gun violence, as there was in this case.
[7] In relation to Count 2, on which you have been convicted of the lesser included offence of the aggravated assault of … I sentence you to five years' imprisonment. This sentence is to be served concurrently to the sentence you are serving on Count 1, the second degree murder of … [8] You will have credit for the time you have spent in custody before today's sentencing date. As a result, there is therefore no new time to be served on Count 2. Your sentence on Count 2 has already been served.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Weng, 2024 BCSC 1489 Court decision, Courts of British Columbia