GROWING POT NEAR RED DEER SCHOOL A FACTOR IN SENTENCING

Operating a large marijuana grow house across from a school is an
aggravating factor that must be denounced with a jail sentence, a
judge said Thursday.

Dean Tin Lap Voong, 56, who now lives in Edmonton, was sentenced to
two years and two months in jail after he was convicted earlier of
running the grow operation.

Judge Darrell Riemer said the Criminal Code of Canada stipulates that
growing a narcotic near a school or playground should be viewed by
the courts as an aggravating factor.

Voong pleaded guilty in late June to running the operation, which an
RCMP drug expert estimated could be worth as much as $1.2 million
yearly if three crops a year were harvested.

Court heard Voong earlier claim he didn't know Holy Family School and
the adjoining playground was across the street from his Douglas
Street residence when the grow operation was busted in August 2007.

Voong, who never said a word and kept his head down for the majority
of the appearance, pleaded guilty to producing marijuana, possession
of a narcotic for the purpose of trafficking and theft of electricity
valued at more than $5,000.

Voong's lawyer John MacNaughton argued earlier for a community-based
sentence of less than two years in jail.

Federal Crown prosecutor Dave Inglis argued for a two-and-a-half-year
jail term.

MacNaughton said Thursday there wouldn't have been any school
children around when the house was raided last Aug. 15.

He said earlier Voong was too busy to notice there was a school near
because he worked hard at setting the operation up, including
stealing electricity by bypassing the conventional residential
connection. Inglis said earlier that RCMP seized 553 marijuana plants
growing in the house.

MacNaughton said Voong grew the dope in an effort to raise money so
he could send his 28-year-old son to China for expensive and lengthy
treatment of a rare skin disorder that couldn't be treated in Canada.

Riemer said although Voong's purpose was noble his criminal acts
can't be justified.

Riemer told Voong he abused the freedoms and economic opportunities
afforded him when he immigrated to Canada more than 20 years ago.

Hoan Van Phun, 54, of Vancouver, returns to court on Oct. 2 to enter
a plea on similar charges to Voong's.