COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) – and – BRIAN DAWSON (Appellant)
BEFORE: ROSENBERG, ARMSTRONG and BLAIR JJ.A.
COUNSEL: John R. Mann III, for the appellant Anya Weiler, for the respondent
HEARD: August 11, 2004
RELEASED ORALLY: August 11, 2004
On appeal from the sentence imposed by Justice Julia A. Morneau of the Ontario Court of Justice on November 25, 2003.
E N D O R S E M E N T
1The appellant was the central figure in a marijuana grow operation which was located in three different counties. There was evidence that the potential annual production of this operation was valued at approximately $3 million. The appellant has no prior record and is a responsible family man and a useful member of his community.
2The trial judge considered a conditional sentence, however, she concluded that the principle of general deterrence was better achieved through a period of incarceration of eighteen months. She considered all relevant mitigating factors, including the appellant’s early guilty plea.
3We find no error in principle in the trial judge’s thorough reasons and, in our view, the sentence is demonstrably fit.
4Leave to appeal sentence is allowed, however, the appeal as to sentence is dismissed.
“M. Rosenberg J.A.”
“Robert P. Armstrong J.A.”
“R.A. Blair J.A.”