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Pot grower avoids jail time
By: Dave Battagello, Windsor Star (CN ON), 04-29-06
A Windsor man who pleaded guilty to operating a $400,000 marijuana grow house was sentenced Friday to 15 months of house arrest.
Hung Tuan Tran, a 29-year-old married father of two, was facing jail time, but Superior Court Justice Ed Ducharme ruled the first-time offender was not a danger to the community and cited his bid to turn his life around since his April 7, 2005 arrest.
The judge cited federal principles in his ruling, which urges courts to lean toward conditional sentences instead of jail time if those convicted are not a threat to society, are unlikely to reoffend and to only consider "prison as a last resort."
Based on those parameters, Tran was a good candidate, said Ducharme, who noted the convicted man is holding down two jobs, often working up to 80 hours per week at two local mold shops.
Tran had the support of his wife in court, along with Rev. Francis Tran of the local Vietnamese Catholic Community Church.
The couple did not want to comment afterward, but the priest said they were very happy with the court's decision.
"He's a good member of our community," he said. "He does many things that are good.
"(The ruling) is a good way to help him and a good way to turn people from bad to good. He will be at home to support his family, his children need him at home and our community needs him, as well."
The priest had earlier provided a letter to the court describing Tran as a "fine and loyal parishioner" who frequently contributed to his church.
Prosecutor Richard Pollock had argued Tran should be sentenced to a jail term of between 15 and 18 months, while defence lawyer Frank Retar asked for the conditional sentence.
"If the public wants the certainty of jail in these situations, they should take that up with their member of parliament," Pollock said.
Retar said his client could lecture about his wayward marijuana experience to his church congregation. But Ducharme ruled against the need for community service, instead outlining tight restrictions Tran must follow under his house arrest.
He will not be allowed to leave his North Talbot Road residence except
for work, attending church service and keeping medical appointments.
© 2005 H.U.M.A.N.: Hemp Users Medical Access Network - Toronto Medical Marijuana