R. v. Ly

R. v. Ly

The offender, a first‑time 48‑year‑old caretaker who became involved inadvertently and briefly in an extremely large commercial marihuana grow, had mitigated moral culpability such that a conditional sentence order with stringent conditions could adequately fulfill the paramount objectives of denunciation and deterrence; therefore a two‑year sentence concurrent on each count is imposed to be served in the community under a conditional sentence order with specified conditions.

Citation
2012 BCSC 2114
Parties
Crown: Regina; Accused: Cheuk Bun Lee; Accused: Kiet Tu Ly; Accused: Siu Shing Wong
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 November 2012
Procedural Posture
Criminal Sentencing / Sentencing (oral Reasons in Chambers)
Outcome
Conditional sentence order: two years concurrent on each count to be served in the community
Legal Topics
Possession for Purpose of Trafficking, Production of Marihuana, Conditional Sentence Order, Aggravating Factors, Denunciation and Deterrence
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Law Possession for Purpose of Trafficking Production of Marihuana Conditional Sentence Order Aggravating Factors Denunciation and Deterrence

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Parties

Regina

Crown

Cheuk Bun Lee

Accused

Kiet Tu Ly

Accused

Siu Shing Wong

Accused

Procedural Posture

Criminal Sentencing / Sentencing (oral Reasons in Chambers)

Legal Issues

  1. 1 Whether a conditional sentence order is appropriate for a first‑time offender involved as a caretaker in a large commercial marihuana grow operation
  2. 2 The weight to be given to the size of the operation as an aggravating factor
  3. 3 Distinction in culpability between principals/operators and caretakers

Ratio Decidendi

The offender, a first‑time 48‑year‑old caretaker who became involved inadvertently and briefly in an extremely large commercial marihuana grow, had mitigated moral culpability such that a conditional sentence order with stringent conditions could adequately fulfill the paramount objectives of denunciation and deterrence; therefore a two‑year sentence concurrent on each count is imposed to be served in the community under a conditional sentence order with specified conditions.

Court Disposition

Conditional sentence order: two years concurrent on each count to be served in the community

Orders

  • Imprisonment for two years on each count to be served concurrently and in the community under a conditional sentence order
  • Keep the peace and be of good behaviour and appear before the court when required