News (Media Awareness Project) - CN AB: Brother Forfeits Drug House |
| Title: | CN AB: Brother Forfeits Drug House |
| Published On: | 2008-08-01 |
| Source: | Calgary Herald (CN AB) |
| Fetched On: | 2008-08-02 17:40:01 |
BROTHER FORFEITS DRUG HOUSE
Brotherly love proved costly for two Calgary siblings convicted in a
northeast marijuana grow operation.
Luong La lost the Coral Springs home he rented to his brother when it
was forfeited to the Crown after he was convicted of joint possession
of a large marijuana grow operation in the residence.
Provincial court Judge Bruce Fraser, in a relatively rare
application, agreed with federal prosecutor Brian Kiers that the home
was an offence-related property.
La, who co-owned the property with his wife and was convicted of
production of marijuana and possession for the purpose of
trafficking, forfeited his half of the $215,384 proceeds of the sale
of the home.
Fraser noted the accused, who had no criminal record and never lived
in the home, "had knowledge of the grow operation and consented to
its existence."
The marijuana operation, he said, was worth $500,000 with the
potential to yield four crops a year, generating an illicit return of
$1.6 million.
"At the very least, he was supplying the premises for the operation
to take place," said the judge, who instead of sending La to jail
permitted him to serve the 18 months under house arrest as part of a
conditional sentence.
"If you are going to allow your investment property to be used for a
grow operation, you will lose the property," said Fraser. "That is
the message the legislation is intended to send to deter those who
engage in such illicit business."
The offender was found in the residence with his brother, Khang La,
when a search warrant was executed.
Fraser disagreed with defence lawyers Mitch Stephensen and Karen
Molle, who argued the forfeiture would be disproportionate to the crime.
Brian Holtby, senior counsel for the federal Crown, said the
legislation has been in place since 2001 but properties are rarely
forfeited because criminals rent the homes and use them for the crimes.
"Often, the house is not owned by people convicted of using it for a
grow operation," said Holtby.
Khang La was sentenced to 18 months behind bars after he pleaded guilty.
Brotherly love proved costly for two Calgary siblings convicted in a
northeast marijuana grow operation.
Luong La lost the Coral Springs home he rented to his brother when it
was forfeited to the Crown after he was convicted of joint possession
of a large marijuana grow operation in the residence.
Provincial court Judge Bruce Fraser, in a relatively rare
application, agreed with federal prosecutor Brian Kiers that the home
was an offence-related property.
La, who co-owned the property with his wife and was convicted of
production of marijuana and possession for the purpose of
trafficking, forfeited his half of the $215,384 proceeds of the sale
of the home.
Fraser noted the accused, who had no criminal record and never lived
in the home, "had knowledge of the grow operation and consented to
its existence."
The marijuana operation, he said, was worth $500,000 with the
potential to yield four crops a year, generating an illicit return of
$1.6 million.
"At the very least, he was supplying the premises for the operation
to take place," said the judge, who instead of sending La to jail
permitted him to serve the 18 months under house arrest as part of a
conditional sentence.
"If you are going to allow your investment property to be used for a
grow operation, you will lose the property," said Fraser. "That is
the message the legislation is intended to send to deter those who
engage in such illicit business."
The offender was found in the residence with his brother, Khang La,
when a search warrant was executed.
Fraser disagreed with defence lawyers Mitch Stephensen and Karen
Molle, who argued the forfeiture would be disproportionate to the crime.
Brian Holtby, senior counsel for the federal Crown, said the
legislation has been in place since 2001 but properties are rarely
forfeited because criminals rent the homes and use them for the crimes.
"Often, the house is not owned by people convicted of using it for a
grow operation," said Holtby.
Khang La was sentenced to 18 months behind bars after he pleaded guilty.
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