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Driver who hit another on the head with knife got 12 months’ probation and $2,500 fine in provincial court. He was denied discharge by higher court that would have allowed him to continue travelling and working in U.S.
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Road rage that was sparked by a mutual flipping of the bird and escalated to violence in under 90 seconds has long-term consequences for the instigator after his appeal of his sentence was denied.
Brent Wei Kuen Chow, 43, had appealed a provincial court sentence of a year’s probation and a fine of $2,500 after pleading guilty to assault with a weapon and causing damage to a vehicle for an incident in Surrey in fall 2020.
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During sentencing, he sought a discharge arguing he had no criminal record, the crime was a one-off, he had pleaded guilty and he was stabbed several times and left with significant injuries. Chow also argued the conviction would prevent him from travelling to or working in the U.S.
But a provincial court judge ruled a discharge would be contrary to the public interest because of the nature of the crime, the prevalence of road rage, and the need to deter others, according to reasons for judgment released by a B.C. Supreme Court judge.
On appeal, Chow’s lawyer argued the lower court judge didn’t have any supporting evidence when he took into account what he called the prevalence of road rage crimes and didn’t give Chow the chance to make submissions.
His lawyer argued that the provincial court judge erred in his analysis and the Supreme Court judge should overrule it.
But Justice Paul Riley said even if the judge erred, the sentence still fit the crime and “might be regarded as lenient,” because of the seriousness of the offences and Chow’s degree of moral blameworthiness.
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The crime happened on Oct. 13, 2020, as Chow and the other driver, identified only as Mr. Adjijaj, were westbound on 100th Avenue. While stopped at a red light at 140th Street, Chow showed Adjijaj the middle finger and Adjijaj responded with the same, the judgment said.
Chow got out of his car, and holding a folding knife with a serrated edge, struck the hood of Adjijaj’s vehicle with the knife before smashing the driver’s side window and striking Adjijaj in the head with the knife, causing him to “bleed profusely” from the forehead, Riley said.
The two grappled outside their cars in front of spectators, one of whom captured the fight on his phone, the judgment said.
Chow put Adjijaj in a headlock and the knife fell. Adjijaj freed himself from the headlock, hit Chow in the head several times and picked up the knife, stabbing Chow seven or eight times before throwing the knife in the bushes.
Chow gestured an invitation to continue the fight and they grappled some more until police arrived and arrested them, the ruling said.
The interaction lasted one minute and,10 seconds. Both were taken to hospital where Adjijaj was treated for a three-centimetre cut to his forehead and Chow needed surgery to repair the stab wound to his stomach that damaged his liver, and stitches for a scalp wound and stab wounds to his back and upper arm.
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Chow runs his own bookkeeping and accounting business, and besides the road rage incident, was a “productive member of the community” who employed others.
But the provincial court judge found that despite seeking counselling, Chow had “limited insight” into the impact of his actions.
In his victim impact statement, Adjijaj said that since the incident he’s reluctant to leave home, has feelings of distrust and a sense of paranoia in public, lacks focus and composure at work, and fears meeting up with Chow again, the ruling said.
Adjijaj was sentenced separately for assaulting Chow and received a discharge.
The lower court judge noted Chow pleaded guilty and admitted he made a mistake by engaging in conflict but said he only threw a rock toward Adjijaj despite the video evidence showing the knife. In his pre-sentence report he failed to recognize the impact on Adjijaj, other than to say he hoped he had learned a lesson.
The provincial court judge ruled the sentence must fit the gravity of the offence and the offender’s degree of responsibility, as well as serve to denounce the crime, deter Chow and others, and assist in Chow’s rehabilitation while acknowledging his harm to victims and the community, the reasons said.
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The lower court judge also noted Chow started the conflict, brought the knife and struck Adjijaj with it. But Chow also had no record, pleaded guilty, had the support of friends and family, sought out counselling and was otherwise a productive member of society.
And that judge noted he complied with his release terms awaiting trial, suffered significant physical injuries and acknowledged Chow could face repercussions to his work without the ability to travel to the U.S.
But the lower court judge concluded a conditional discharge would not fit the crime or Chow’s degree of personal responsibility.
Riley agreed.
A discharge wouldn’t deter “others from resorting to violence in response to some perceived injustice or insult by another driver,” he wrote.
In addition to the $2,500 fine, Chow was ordered to pay $830 for restitution and a victim surcharge.
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