COURT BUCKS DRUG MULE'S TERM

Appeal judges say need for incarceration over-emphasized

Jail wasn't necessary for a drug mule nabbed with more than 18 kilos of
marijuana as he passed through Calgary, Alberta's top court has ruled. The
Alberta Court of Appeal, in a written decision released yesterday, said the
18-month term given to Tam Van Hoang did not need to be served behind bars.

Instead, the three-member court ordered Hoang to follow a curfew and perform
200 hours of community service over the next 18 months.

"The ... judge could have met the sentencing objectives of general
deterrence and denunciation by imposing a conditional sentence," they said.

"The sentencing judge erred in principal in over-emphasizing the need for
incarceration in order to satisfy (those) objectives ... in the
circumstances of this case."

Hoang, now 28, was arrested at Calgary International Airport more than three
years ago while on his way to Winnipeg from Vancouver.

Police found him in possession of two bags of marijuana containing 18.14 kg
of the drug for which he was to be paid $3,000 to transport.

Provincial court Judge Bruce Fraser said jail was needed to deter others in
similar circumstances from getting involved in such crimes.

But the appeal court said Fraser should have placed more emphasis on Hoang's
mitigating factors, such as his lack of a criminal record and good work
history.

They noted that since he was released on bail pending appeal, Hoang has been
working at his family's restaurant in Winnipeg.

One of the conditions of his community term is he continue to maintain that
employment, the appeal judges said.