JUDGE UPS TIME FOR GROW-OP

A B.C. Supreme Court judge concerned about the increasing number of
marijuana grow operations has sentenced a man to two years less a day in
jail - eight times the sentence sought by the Crown.

Police found 131 marijuana plants at the home of Jason Sean Neubert after a
home invasion there on Nov. 20, 1997. Neubert, now 30, was convicted of
production of a controlled substance and possession for the purposes of
trafficking.

In reasons for his judgment, Justice Allan Stewart noted, "Times have changed."

He said people growing pot do so for the "potential for high profit, a low
risk of detection, and an almost guaranteed insignificant sentence."

"That home invasions in British Columbia, especially the Lower Mainland of
British Columbia, are a plague, is a fact," he said.

"I believe the court must react to the plague of home invasions that, as of
late, threatens the lives and safety of people living in British Columbia,
not just by dealing harshly" with the the home invaders," but by dealing
with those who, for their own selfish interests, set up an unlawful drug
operation of any kind in a home in a residential neighbourhood, thereby
inviting home invasions and putting at risk not just themselves, but all
others, including their neighbours and the police..."

The judge said society can't wait for our appeal courts to "up the ante" in
sentencing for this crime.

"Change must start here at the trial level," he said. "The court must react."

Stewart said the Appeal Court may disagree. "It is this accused's bad luck
that he is the one that has been singled out for the purpose of upping the
ante. Once you engage in unlawful conduct, you lose the right to whine."

Neubert is seeking leave to appeal