WOMAN'S JAIL SENTENCE FOR GROW-OP OVERTURNED

Daryl Slade, Calgary Herald

A woman who admitted her involvement in a marijuana growing operation,
found at her northeast home after police responded to a 911 call, will
not have to go to jail after all.

The Alberta Court of Appeal has overturned the 12-month sentence
imposed on Quyen Qu Nguyen last September and replaced it with an
18-month conditional sentence to be served in the community.

Justices Marina Paperny, Clifton O'Brien and Blair Mason said in their
decision released Wednesday the trial judge erred in findings of fact
and inferences she drew that went far beyond the admitted facts before
the court.

"It was a consistent theme of the sentencing judge that Nguyen had a
much greater involvement in the growing operation than was admitted,"
wrote the three-judge appeal panel.

Provincial court Judge Cheryl Daniel had rejected a joint submission
for a conditional sentence presented by lawyer Jim Lutz and Crown
prosecutor Karen Molle after Nguyen pleaded guilty to possession for
the purpose of trafficking.

The accused called 911 to report a home invasion and said she and her
son had been pepper-sprayed.

A search warrant executed on the home on March 30, 2004, found 217
marijuana plants with a street value of about $300,000.

Defence lawyer Alias Sanders, who argued the appeal, said her client
was very happy with the decision.

"It's nice to have direction from the Court of Appeal on grow ops that
a conditional sentence is proper in appropriate cases," Sanders said.

Daniel had found otherwise in her sentencing decision.

"I find the imposition of a conditional sentence, in these very
serious and aggravating circumstances, would actually encourage others
to engage in marijuana production, possession and trafficking," Daniel
said at the time.