COMMUNITY SERVICE SENTENCE IN POT CASE APPEALED

The judge went too easy on the "right-hand man" in a sophisticated
marijuana-growing operation when he gave him a conditional sentence, a
prosecutor argued Friday in the province's top court.

In April, Justice Felix Cacchione of Nova Scotia Supreme Court handed James
Stewart McCurdy, 41, of Upper Rawdon, Hants County, an 18-month conditional
sentence on one charge of conspiring to possess marijuana for trafficking
between 1999 and 2000. He also ordered him to do 100 hours' community service.

Mr. McCurdy was among five men charged in a sophisticated marijuana
operation that was uncovered after the RCMP investigated the activities of
the group of about six people in Nova Scotia and Newfoundland.

Defence lawyer Josh Arnold requested a conditional sentence while crown
attorney James Martin recommended three years in prison.

In reaching his decision, Justice Cacchione said: " Our Court of Appeal has
commented on numerous occaisions that we should not sacrifice offenders on
the altar of general deterrence. Is the only way that an offender can be
deterred by way of a term of incarceration? I think the answer to that is no."

In the appeal court, Mr. Martin called Mr. McCurdy's sentence
"inappropriate" given the size of the marijuana operation in which hundreds
of plants and large quantities of money were seized.

If Justice Cacchione's ruling is upheld, "the Crown is concerned that this
particular sentence is going to lower the range of sentencing for this type
offense dramatically," Mr. Martin said.

Mr. McCurdy, representing himself on appeal, reminded the three-member
appeal panel that Justice Cacchione heard all of the evidence.

"Now if a period of incarceration was imposed and I did appeal, the Crown
would have said to you: 'Refer to the trial judge and this is what I say to
you now,' " Mr. McCurdy said.

If sentencing is overturned, Mr. McCurdy asked the appeal court to allow
him to work for two to four weeks so he can help his common-law wife and
daughter financially.

He said he has arranged community work at a local church and will soon be
getting help for alcohol and drug abuse.

Justice Cacchione also sentenced one of Mr. McCurdy's co-accused, John Ross
Hollingsworth, to a one-year conditional sentence last month.

Mr. Hollingsworth pleaded guilty to producing and possessing marijuana. He
also received 18 months probation.

A third co-accused, Ian David Murray of Oxford Street, Halifax, was
sentenced to three years in prison after pleading guilty to conspiring to
traffic hashish.

Justice Suzanne Hood sentenced the ringleader, Michael Patriquen of Middle
Sackville, to six years for conspiring to possess and traffic marijuana.

A fifth man received a conditional sentence of two years less a day.

The appeal court reserved decision on Mr. McCurdy's case.