R. v. Ho (L.V.), (1998) 104 B.C.A.C. 1 (YukCA)

• Judge: Esson, Hinds and Hollinrake, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: February 03, 1998
• Jurisdiction: Yukon
• Citations: (1998), 104 B.C.A.C. 1 (YukCA)

R. v. Ho (L.V.) (1998), 104 B.C.A.C. 1 (YukCA);

    170 W.A.C. 1

MLB headnote and full text

Temp. Cite: [1998] B.C.A.C. TBEd. AP.035

Her Majesty The Queen (respondent) v. Lua Van Ho (appellant)

(YU00334)

Indexed As: R. v. Ho (L.V.)

Yukon Court of Appeal

Esson, Hinds and Hollinrake, JJ.A.

February 3, 1998.

Summary:

The accused was convicted of counselling to commit murder and harassment. The accused was sentenced to 5.5 years' impris­onment on the counselling offence and six months concurrent on the harassment offence. The accused appealed the sentenced.

The Yukon Court of Appeal dismissed the appeal.

Criminal Law - Topic 5942

Sentence - Counselling to commit offence - The accused, a Vietnamese immigrant in his early 50's, counselled another to mur­der a romantic interest who had rejected him - The instructions included disfiguring the victim's face with acid - He also stalked the same victim - Although there was no threat of physical harm, the accused disturbed the victim's emotional, physical and psychological well-being - Accused married with two children - First offender - These offences were the irra­tional acts of a person in an emotional obsession - Five months' pretrial custody - The Yukon Court of Appeal affirmed sentences of 5.5 years' imprisonment for the counselling charge and six months concurrent for the harassment charge.

Criminal Law - Topic 5969

Sentence - Criminal harassment - [See Criminal Law - Topic 5942 ].

Cases Noticed:

R. v. Bonello (J.) (1992), 58 O.A.C. 268 (C.A.), refd to. [para. 9].

Counsel:

S. Bogle, for the appellant;

R.C.C. Peck, Q.C., for the respondent.

This appeal was heard in Vancouver, British Columbia, before Esson, Hinds and Hollinrake, JJ.A., of the Yukon Court of Appeal. The decision of the court was delivered orally by Esson, J.A., on February 3, 1998.