Judge dismisses pot appeal
By: Tom Zytaruk, Surrey Now (CN BC), 06-30-09

A Surrey man convicted of growing marijuana for trafficking has lost his appeal after arguing that the judge "misapprehended" evidence that was used against him.

Mahn Duy Ngo was charged after police came to a house he was living at on 63B Avenue, after neighbours reported that they saw four men trying to break into the house.

The Mounties checked the back door, saw it was open and experienced an overwhelming odor of pepper or bear spray that prevented them from entering the house.

Ngo and another man came out. While a police dog hunted for the four burglars, Surrey firefighters used big fans to clear the air at the house so police could enter it to see if anyone else was inside.

Inside, they found an extensive grow-op in the basement with 1,300 plants altogether worth roughly $200,000.

The trial judge found that although the house wasn't registered in Ngo's name, he had been living there for a "significant" time, sleeping in the master bedroom.

The trial judge decided there's "no doubt" Ngo knew about the grow-op and had "a significant level of control over it."

Ngo argued at appeal that he was merely a transient resident at the house.

"I am unable to agree with that submission," said Justice Anne Rowles, who dismissed the appeal.

© 2004 H.U.M.A.N.: Hemp Users Medical Access Network - Toronto Medical Marijuana