A British Columbia man convicted of second-degree murder has lost his appeal.
On March 7, B.C.'s Court of Appeal rejected Pee Lee Pi's case that the trial judge failed to consider evidence of heavy and chronic use of methamphetamine on his mental state.
Pi was convicted in B.C. Supreme Court in 2021 in the death of Tee Bor, 68, on Feb. 17, 2019.
Both men were part of the community of Karen people from Myanmar, the unanimous, three-judge decision written by Chief Justice Robert Bauman, said.
Pi asserted his heavy and chronic use of methamphetamine prevented him from forming the specific intent to commit murder. He asked the court to overturn the conviction and order a new trial or, alternatively, enter a conviction for the lesser-included offence of manslaughter.
The court heard Pi was born in a refugee camp in Thailand and came to Canada with his parents and four siblings in 2010.
Bor lived in a Surrey townhouse complex with his wife and two sons. From time to time, Pi and the younger son, Tu Lu Ku, used methamphetamine together. Pi and Bor would occasionally exchange pleasantries.
Video evidence showed Pi arrived at the townhouse complex at 1:34 p.m., and left at 2:07 p.m.
Bor’s granddaughter said her grandfather let a man with dark skin into the home, and they spoke in the Karen language.
“The man asked her grandfather for something and he did not have it, and the man stabbed her grandfather with a black folding knife, and then left,” the court decision said.
The granddaughter ran to the son and told him to call 911. Bor was transported to hospital and pronounced dead shortly afterwards.
An autopsy determined four knife injuries to the chest and abdomen caused Bor’s death. He also had defensive injuries to his hands.
The defence didn’t dispute that Pi stabbed Bor and inflicted the wounds that caused his death.
“The issue was whether the Crown had proven that Mr. Pi had the requisite intent for murder,” the decision said.
He raised the defences of:
- disturbance of the mind; and
- cumulative effects, including his perception of provocation or the need for self-defence, psychosis, drug use, alcohol or rage.
“The Crown argued that there was no air of reality to the defences of self-defence and provocation,” the decision said.
Pi said Ku had given him $20 to buy methamphetamine and arranged for him to buy it. The men involved took his money but gave him no drugs.
Pi testified he became fixated on the idea he was in danger from the men, became paranoid and purchased the switchblade knife that caused Bor’s injuries. He said he was unable to sleep, was experiencing fear and distress and was hearing voices from his television telling him what to do.
He went to Bor’s home to see if Ku was there. Bor said his son was not.
Pi claimed he went back to his residence, consumed methamphetamine and drank two cans of beer and then returned to the residence.
Pi stepped inside and told Bor, who was holding a kitchen knife, to call Ku. He said Bor asked if he was looking for Ku because he was going to kill him.
Pi took out his knife and pointed it at Bor, the court heard.
“Pi said he knew Mr. Bor to be a kind man but he was overwhelmed with fear and confusion. He told Mr. Bor to drop the knife, and Mr. Bor did so,” Bauman said.
He told Bor to call Ku.
“Pi testified that Mr. Bor picked up the telephone and hit Mr. Pi on the neck with it, and then tried to grab the knife from him by the blade. They wrestled, and Mr. Pi says he does not remember how many times he stabbed Mr. Bor or where he stabbed him, but that he was trying not to stab him,” the judge said.
A psychiatrist testified PI had been experiencing a substance-induced psychotic disorder, and was experiencing psychotic symptoms, such as paranoia. He said the death was accidental.
The trial judge found that when Pi “inflicted the wounds, he knew that if he stabbed someone in the torso he ran the risk of causing an injury that would kill them.”
Bauman said the trial judge took Pi’s admitted prior knowledge of the potential harm of stabbing as possession of foresight of the effects of a stabbing.
The trial judge accepted that Pi was a regular methamphetamine user but not to an extent that had caused him to lose control of his thoughts and actions.
The judge did not accept Pi’s claim he had consumed drugs or alcohol between visits to the residence.
“I cannot conclude that the judge failed to consider the impact of drug use on Mr. Pi’s mental state,” Bauman said.
