Pee Lee Pi said his heavy methamphetamine use prevented him from forming intent to murder.
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.Both men were part of the community of Karen people from Myanmar, the unanimous, three-judge decision written by Chief Justice Robert Bauman, said.
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.Bor’s granddaughter said her grandfather let a man with dark skin into the home, and they spoke in the Karen language.
An autopsy determined four knife injuries to the chest and abdomen caused Bor’s death. He also had defensive injuries to his hands.“The issue was whether the Crown had proven that Mr. Pi had the requisite intent for murder,” the decision said.“The Crown argued that there was no air of reality to the defences of self-defence and provocation,” the decision said.
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 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.“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.
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.
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