The defendants pleaded guilty to an offence under s. 12(6) of the Cannabis Act after police discovered a large-scale illegal cannabis grow operation.
The Crown sought conditional sentences of imprisonment, while the defence argued for conditional discharges and probation, emphasizing the defendants' limited role as labourers, lack of prior criminal records, and significant potential immigration consequences.
The court considered the large size of the operation as an aggravating factor but found the defendants' moral culpability to be low.
Balancing the principles of sentencing, including denunciation, deterrence, and the least restrictive sanctions, alongside the severe collateral immigration consequences (potential deportation), the court determined that conditional discharges were appropriate and not contrary to the public interest.
