R. v. Noun & Om

R. v. Noun & Om

Given the large scale of the operation and the need for general deterrence, but balancing the accuseds' status as first-time, contrite participants with significant health needs and limited roles, the appropriate and proportionate sentence is one year imprisonment followed by one year of probation with specified conditions; forfeiture and statutory weapon prohibition also apply.

Citation
2008 BCSC 664
Parties
Crown: Regina; Accused: Kim Se Noun; Accused: Sambath Om
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 March 2008
Procedural Posture
Criminal Cannabis Cultivation / Sentencing (oral Reasons)
Outcome
Both accused convicted and sentenced to one year imprisonment and one year probation; probation conditions include keeping the peace and no communication with Wai-Kit Cheang; seized items forfeited to the Crown; 10-year weapons prohibition; victim surcharge waived; recommendation for placement and security...
Legal Topics
Cannabis Cultivation, General Deterrence, Probation Conditions, Forfeiture, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Controlled Substances Cannabis Cultivation General Deterrence Probation Conditions Forfeiture Firearms Prohibition

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Parties

Regina

Crown

Kim Se Noun

Accused

Sambath Om

Accused

Procedural Posture

Criminal Cannabis Cultivation / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate sentence for large-scale cannabis cultivation
  2. 2 Weight of general versus specific deterrence
  3. 3 Appropriateness of probation conditions including no-contact order

Ratio Decidendi

Given the large scale of the operation and the need for general deterrence, but balancing the accuseds' status as first-time, contrite participants with significant health needs and limited roles, the appropriate and proportionate sentence is one year imprisonment followed by one year of probation with specified conditions; forfeiture and statutory weapon prohibition also apply.

Court Disposition

Both accused convicted and sentenced to one year imprisonment and one year probation; probation conditions include keeping the peace and no communication with Wai-Kit Cheang; seized items forfeited to the Crown; 10-year weapons prohibition; victim surcharge waived; recommendation for placement and security...

Orders

  • Each accused sentenced to one year imprisonment.
  • Each accused committed to one year of probation following release.