Court of Appeal for Ontario

Citation: R. v. Tran, 2008 ONCA 471

Date: 20080612

Docket: C46665

Before: MOLDAVER, SIMMONS and ROULEAU JJ.A.

Between:

HER MAJESTY THE QUEEN

Respondent

and

LOAN KIM TRAN

Appellant

Counsel: James Foord for the appellant Niall Gilks for the respondent

Heard and endorsed: June 6, 2008

On appeal from the sentence imposed by Justice Célynne S. Dorval of the Ontario Court of Justice dated February 13, 2007.

APPEAL BOOK ENDORSEMENT

[1] The appellant’s crime was serious and these reasons should not be taken as minimizing the risk that marijuana grow operators present to society or the harm they cause.

[2] That said, the appellant’s role in the crime was that of a gardener and she did not profit from the operation. While those factors alone would not have warranted our interference with the six-month custodial sentence she received, the fresh evidence satisfies us that the principles of sentencing, including the interests of society in deterring this type of crime, can be adequately met by a conditional sentence of imprisonment. Without going into detail, the medical evidence indicates that the appellant’s mental health has deteriorated significantly since the time of sentencing and that further incarceration would result in extreme hardship to her.

[3] In the result, we would allow the appeal, set aside the sentence below and in its place, substitute a conditional sentence of eighteen months imprisonment, commencing today, on terms and conditions (appended hereto) agreed to by the parties and approved by the court.

[4] In all other respects, the sentence below shall remain the same.