COURT OF APPEAL FOR ONTARIO
DATE: 2005-05-17
DOCKET: C43175
RE: HER MAJESTY THE QUEEN (Respondent) – and – VAN THINH NGUYEN (Appellant)
BEFORE: GOUDGE, SIMMONS AND ARMSTRONG JJ.A.
COUNSEL: Kim Schofield, for the appellant Nick Devlin, for the respondent
HEARD & ENDORSED: April 29, 2005
On appeal from the conviction by Justice Joseph A. De Filippis of the Ontario Court of Justice dated February 28, 2005 and from the sentence imposed by Justice Joseph A. De Filippis dated February 28, 2005.
A P P E A L B O O K E N D O R S E M E N T
[1] The reasons for sentence of the trial judge appear to remove a conditional sentence as a possible sentence for someone convicted of a marijuana grow operation in a residential setting. In our view this constitutes an error in principle. We would therefore set aside the sentence imposed. Taking account of the individual circumstances of the appellant as well as the clear need for deterrence and denunciation of this activity in communities like Oshawa, we would substitute a sentence of 90 days to be served intermittently, the appellant to surrender Fridays at 8:30 p.m. released Mondays at 5:30 a.m. and the terms of probation imposed by the trial judge to apply during this period. We would not disturb the subsequent terms of probation imposed by the trial judge.