COURT OF APPEAL FOR ONTARIO
MacPherson, MacFarland and Roberts JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Yuk Yuen Lee
Appellant
Vincenzo Rondinelli, for the appellant
James Clark, for the respondent
Heard: December 1, 2015
On appeal from the conviction entered on January 28, 2015 and the sentence imposed on July 15, 2015 by Justice David S. Rose of the Ontario Court of Justice, sitting without a jury.
APPEAL BOOK ENDORSEMENT
1The appellant claims that there was no evidence at trial to prove beyond a reasonable doubt that he was involved in the two marijuana grow operations.
2We disagree. There was ample evidence to show that the appellant was not simply “a delivery guy” as he argues, but a significant participant in the two large and sophisticated marijuana grow operations.
3This evidence includes the appellant’s various attendances at both grow op locations, his delivery of marijuana plants between the two locations, his association with Ms. Li, who drove the same vehicle as the appellant and disposed of garbage bags filled with marijuana clippings and other related grow op materials, and the appellant’s possession of various grow op-related paraphernalia, including a substantial amount of cash, four cellphones, a hydro bill for one of the grow op locations, hydroponic equipment, growing solutions, digital scales, and a book on how to grow marijuana indoors, “Indoor Marijuana Culture.”
4The appellant also complains that he was treated unfairly during trial. The record shows that the appellant was given appropriate assistance and that he had a fair trial.
5With respect to sentence, the trial judge properly took into account all of the appellant’s personal circumstances and the extent of his participation in the offences. The sentence was well within the range of appropriate sentences, and we would not interfere.
6The appeal is dismissed.
