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The accused was convicted of firearms trafficking and public mischief after fabricating a robbery.
The court found Chi Do guilty of three counts of unauthorized transfer of a firearm, twelve counts of possession of a firearm for the purpose of trafficking, and one count of public mischief.
The case turned on the implausibility and inconsistencies in Ms. Do’s account of thefts, her financial circumstances, and the circumstantial evidence that firearms registered to her were found at a crime scene before she reported them stolen.
The court rejected her evidence and concluded that she intentionally transferred the firearms and fabricated the theft to mislead police.
Appeal from criminal harassment conviction dismissed; evidence of prior record properly admitted to show reasonable fear.
The appellant appealed his conviction for criminal harassment.
He argued that evidence of his criminal record should not have been admitted, that the trial judge erred in instructing the jury on 'repeatedly communicated' instead of 'engaged in conduct', and that the reasonable doubt instruction was flawed.
The Court of Appeal dismissed the appeal, finding that the criminal record evidence was relevant to the complainant's reasonable fear, that communicating constitutes conduct, and that the jury was properly instructed on reasonable doubt.
