The appellant pleaded guilty to four offences arising from a large-scale marijuana grow operation: production of marijuana, theft of electricity, theft of water, and injury to property.
The operation consisted of 864 plants with an estimated value between $324,000 and $518,000.
The sentencing judge imposed the mandatory minimum sentence of three years for production, with concurrent 12-month sentences for the remaining counts.
The appellant challenged the constitutional validity of the mandatory minimum sentence.
On appeal, the court found the mandatory minimum unconstitutional and determined a fit sentence of 14 months imprisonment for the production offence, with concurrent sentences for the property offences remaining undisturbed.
