DATE: 20060512

DOCKET: C43846

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – IN TY CHAU (Appellant)

BEFORE:

WEILER, SHARPE and BLAIR JJ.A.

COUNSEL:

Jeanine E. LeRoy

for the appellant

Geoffrey Roy

for the respondent

HEARD & ENDORSED:

May 10, 2006

On appeal from the sentence imposed on June 17, 2005 by Justice Kenneth F. Ross of the Superior Court of Justice, sitting without a jury.

A P P E A L B O O K E N D O R S E M E N T

[1] In essence the appellant submits that this was an ordinary marijuana grow operation and that conditional sentences are normally given in the London area for that offence. In this case the trial judge took into consideration that there was a fire caused by the negligence of the appellant in relation to the grow operation and that his two young children and common‑law partner were present in the home. The trial judge was entitled to do so and his decision not to impose a conditional sentence is entitled to deference on appeal. In addition the overall global sentence was not unfit. Accordingly, the appeal is dismissed.