加国华裔青年劫杀卖淫中国女留学生案宣判 重判囚终身 (E/C)

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  中国女留学生李平(Ping Li, 译音)2009年在本那比妓院遭人杀害,法官昨日认为华裔被告所犯罪行「极其重大」,兼且并无悔意,因此被告犯案时虽未成年,但仍按成年人来量刑,重判终身监禁。华裔被告闻判后神色平静,旁听的父母则神情激动,含泪离开法庭。

  「只有这样才能让被告对所犯的罪行负责。」卑诗高等法院法官格雷厄尔(Bruce Greyell)昨日宣判,虽然被告犯案时年仅17岁,但少年法的刑期已不足以达到惩戒效果,因此决定将其一级谋杀罪以成人刑期量刑,判处终身监禁,10年内不得假释。

  被告原受到少年法保护的身分也随之取消,格雷厄尔即刻允许传媒公布其姓名为黄管辰(Peter Quon San Wong,译音)。由于黄管辰并无犯罪纪录,且已经被拘留524日,因此只需在监狱服刑8.5年左右,便可申请假释。

  格雷厄尔同时要求黄管辰提供DNA纪录,并终生不得持有枪械。而黄管辰另一项成立的持枪伤人罪名,则被判处4年刑期,同期执行。

  格雷厄尔说,在道德层面,这是最严重的罪行。他与陪审团皆同意,黄管辰抢劫李星(Xing Li,译音)按摩院的计划非常慎密,不仅事前踩点,实际行抢时亦携备枪械,逃走前更杀人灭口。他称被告开枪射击并无反抗能力的李平及李星为「蓄意行兇」,造成李平家人难以磨灭的伤痛,除年龄外,再无其他理由可以说服他减轻刑期。

  格雷厄尔强调,多名心理专家对黄管辰的判刑前心理评估报告中皆提到,黄管辰「无明显悔意」,并拒绝与心理专家讲述犯案经过。他更举出其中一份报告的结论,称黄管辰可能有再度犯案的风险。他认为站在保护公众安全的角度,必须从严判刑,才能让被告对自己的行为负责。

  格雷厄尔也透露,黄管辰小时候成绩不差,但上中学后却因双亲忙于工作疏于管教,时常逃学在家沉迷电子游戏,并认识一群朋友,开始饮酒,还犯罪来获取金钱购买名牌商品。

  身穿水蓝色衬衣的黄管辰,昨日坐在被告席上未有太大动作。听闻法官重判终身监禁时,仍神色如常,未见明显情绪波动,也未有向代表律师表达任何意见。

  坐在旁听席的黄管辰父母和两名姐姐,闻判后则相当激动。上月初曾在庭外向本报坚称爱子无罪的黄父,昨日表情凝重眼泛泪光,与哽咽的黄母急步离开法院,拒绝接受传媒访问。

  被害时32岁的李平,原留学于新西兰,在2009年2月持学生签证抵达大温。她原定就读汤普森河大学(Thompson Rivers University)的硕士课程,但后来未有入学,学校也将学费退还给她在上海的父母。

  黄管辰是在2009年3月3日下午,透过二手买卖网站Craiglist上的广告,致电李星位于本那比的按摩院,前往「踩点」时看见在按摩院内工作的李平,但发现李星不在,没接受服务便离去。

  黄管辰于当天傍晚再度进入该单位,持枪指向李平的太阳穴,喝令李星趴在地上。当他要求李星说出门锁密码时,李星站起身,他便大骂「亚洲猪」(Asian Pigs),朝李星连开两枪,其中一枪击中李星肩膀,另一枪则未打中。

  李星倒地后,李平央求黄管辰饶命,黄管辰则瞄准李平的身躯连开两枪,之后逃离现场。警方赶到时将两人送院,李平不治,李星则陷入昏迷,10天后才苏醒。

  皇家骑警根据柏文大楼的监视录影带锁定黄管辰,并在李星及黄管辰亲姊指认后,将黄管辰拘捕,以一级谋杀罪名提出检控。

# Teen who shot prostitute in botched Burnaby robbery sentenced as an adult

A young man who fatally shot a prostitute during a botched robbery at a Burnaby brothel was raised to adult court on Thursday and received a sentence of life in prison.

Peter Quon San Wong, who was 17 at the time of the March 2009 slaying of Ping Li, 32, was convicted of first-degree murder by a B.C. Supreme Court jury in February 2012. Wong, now 22, was also convicted in the shooting of brothel operator Xing Li, who survived.

Due to his age at the time of the offence, a publication ban on Wong’s identity was in effect during the trial but that ban was lifted by B.C. Supreme Court Justice Bruce Greyell after he imposed the adult sentence Thursday.

The Crown had applied to have him raised to adult court for the purposes of sentencing, an application opposed by Wong’s lawyer.

The judge said the harm caused by Wong was “extremely serious” and noted that the Chinese parents of Ping Li must now “live with the pain of having lost their only child.”

“Peter Wong’s victims were defenceless and were compliant. As stated, the offences here involved the highest degree of moral culpability. There are no apparent mitigating circumstances, apart from Peter Wong’s age.”

Wong visited the brothel, located in a Burnaby highrise at 2345 Madison Ave., with the intent of robbing the premises.

He went into a bedroom with Ping Li, but shortly thereafter emerged holding a gun to her head, saying it was a robbery and he wanted money.

Xing Li, no relation to the victim, offered Wong whatever money was in his possession but Wong ordered him to the floor and kicked at him while he was on the ground.

Wong hurled a racial insult at Xing Li and demanded the access code to the building so an accomplice could come up to the apartment.

When Xing Li refused to give out the code and tried to stand, Wong fired twice, one of the bullets striking Xing Li in the shoulder.

Xing Li collapsed to the ground.

Xing Li then heard Ping Li begging for her life and offering to give him all of her money but Wong shot her twice in the torso, then fled the scene.

Ping Li, who came to Canada from China as an international student to attend Thompson Rivers University in Kamloops, was rushed to hospital but pronounced dead shortly thereafter.

Xing Li was also taken to hospital, put into an induced coma, and survived.

The main issue on sentencing was whether it was appropriate to sentence Wong as a youth or an adult.

A youth sentence for first-degree murder would have resulted in a maximum sentence of six years in prison, followed by four years of community supervision.

An adult sentence for first-degree murder for an offender who was a youth at the time of the offence is life in prison with no parole eligibility for 10 years.

Noting that pre-sentence psychological reports found that Wong had refused to discuss the crime and showed no apparent remorse, the judge concluded that the most appropriate way to deal with him was through an adult sentence.

Giving Wong credit for pre-sentence custody, the judge reduced the parole ineligibility period to about eight years, seven months.

Wong, who was wearing a blue shirt and dark pants, sat quietly in the prisoner’s dock and had little reaction to the sentence.

His mother, who was sitting with other family members in the public gallery directly behind Wong, appeared distraught.

Court heard that prior to the murder, Ping Li had been in New Zealand for several years and wanted to complete a master of business administration degree at the B.C. university.

She got a $10,000 loan from her parents, who live in Shanghai, and travelled to Vancouver. She was accepted into the university, and paid the $7,000 tuition.

Read more: http://www.theprovince.com/news/Teen+shot+prostitute+botched+Burnaby+rob...