CONDITIONAL DISCHARGE ON POT CHARGE MAY BE APPEALED

Crown prosecutors are expected to appeal a Supreme Court ruling this
week that sent a young Kelowna woman home without a criminal record
after pleading guilty to growing marijuana.

On Tuesday, justice Alison Beames gave Nicole Kraubner a conditional
discharge after she pleaded guilty to the charge. Police discovered
the grow operation May 28, 2004.

At sentencing, Kraubner confirmed that the roughly 100-plant
operation was in her home, but she wasn't the operator of it.

She had agreed to let another unnamed party use her rental accommodation.

The Crown agreed that she likely had a minimal role in the operation.

It's not known what profit she might have taken.

That's important because prior to Tuesday's decision, nearly all
discharges for marijuana growing have involved compassion clubs,
where growers sold their crops at reduced prices for medicinal marijuana users.

That wasn't the case with Kraubner. Her lawyer, Joe Deuling, said her
role was minimal, adding also that she had no criminal record, has
suffered health issues since being arrested, has strong support from
family and friends and has made efforts to ensure it won't happen again.

She is a promising artist in school and pursuing a career as a school
teacher, and Deuling said those future goals would be jeopardized by
having a criminal record.

Justice Beames said before she gave her decision that it was against
her instinct to grant the conditional discharge but eventually did.

The Crown was asking for a conditional sentence to be served at home.

Beames noted that the only difference in the sentencing options was
that one involves a criminal record and one does not.

She put Kraubner on probation for one year. If she keeps the peace
during that time, she will not have a criminal record.

The Crown has 30 days from time of judgment to file an appeal.