R. v. Zhu (D.D.J.), (2013) 344 B.C.A.C. 46 (CA)
| Judge | Newbury, Harris and Stromberg-Stein, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | September 20, 2013 |
| Jurisdiction | British Columbia |
| Citations | (2013), 344 B.C.A.C. 46 (CA);2013 BCCA 416 |
R. v. Zhu (D.D.J.) (2013), 344 B.C.A.C. 46 (CA);
587 W.A.C. 46
MLB headnote and full text
Temp. Cite: [2013] B.C.A.C. TBEd. OC.026
Regina (respondent) v. Darren De Jun Zhu (appellant)
(CA039494; 2013 BCCA 416)
Indexed As: R. v. Zhu (D.D.J.)
British Columbia Court of Appeal
Newbury, Harris and Stromberg-Stein, JJ.A.
September 20, 2013.
Summary:
The accused pled guilty to one count of conspiracy to export methamphetamine. He was sentenced to eight years' imprisonment (reduced to eight months to reflect time in pre-trial custody). At the conclusion of trial, the accused was convicted of possession of three loaded handguns, which were found when premises he was occupying were searched as part of a drug investigation. He was sentenced to seven years' imprisonment on each of the three counts, concurrent to each other, but consecutive to the sentence on the conspiracy offence. The accused appealed the conviction, sought leave to appeal the sentence, and if leave was granted, appealed the sentences.
The British Columbia Court of Appeal, in a decision reported at 338 B.C.A.C. 9; 577 W.A.C. 9, dismissed the conviction appeal.
The British Columbia Court of Appeal granted leave to appeal the sentences. The appeal with respect to the firearm offences was dismissed. The appeal of the sentence for the conspiracy offence was allowed to the extent of reducing the eight months' custody to four months.
Criminal Law - Topic 5857
Sentence - Conspiracy - See paragraphs 1 to 24.
Criminal Law - Topic 5871
Sentence - Possession and use or sale of weapons or ammunition - See paragraphs 1 to 24.
Cases Noticed:
R. v. L.M., [2008] 2 S.C.R. 163; 374 N.R. 351; 231 C.C.C.(3d) 310; 2008 SCC 31, refd to. [para. 5].
R. v. Borecky (T.E.), (2013), 336 B.C.A.C. 255; 574 W.A.C. 225, 2013 BCCA 163, refd to. [para. 20].
R. v. Guha (M.D.) (2012), 328 B.C.A.C. 303; 558 W.A.C. 303; 2012 BCCA 423, refd to. [para. 21].
Counsel:
B.V. Bagnall, for the appellant;
W.P. Riley, for the respondent.
This application and appeal were heard at Vancouver, B.C., on September 20, 2013, by Newbury, Harris and Stromberg-Stein, JJ.A., of the British Columbia Court of Appeal. The following oral reasons for judgment of the Court of Appeal were delivered by Harris, J.A., on the same date.
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