DATE: 20040813

DOCKET: C41329

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

[1] The 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.

[2] The 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.

[3] We find no error in principle in the trial judge’s thorough reasons and, in our view, the sentence is demonstrably fit.

[4] Leave 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.”