Pubdate: Tue, 17 Jul 2007 Source: Now, The (Surrey, CN BC) Copyright: 2007 The Now Newspaper Contact: http://www.thenownewspaper.com/forms/lettersform.html Website: http://www.thenownewspaper.com/ Details: http://www.mapinc.org/media/1462 Author: Tom Zytaruk, Surrey Now Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) APPEAL COURT UPHOLDS STIFF SENTENCE FOR POT GROWER - BARELY A North Delta man who ran a large marijuana growing operation fed by stolen electricity has lost an appeal of his 15-month jail sentence on a two-to-one decision by the B.C. Court of Appeal. Keith Gordon Wallis received that prison sentence and one year's probation for growing 638 pot plants in a house he co-owned with his parents, in the 11100-block of 81A Avenue. During his trial, Wallis argued his constitutional right to be secure from unreasonable search and seizure was violated because B.C. Hydro employees who had entered his property to locate an electrical bypass were acting as agents for the police. But failing to sway Judge John Lenaghan, Wallis eventually pleaded guilty to the unlawful production of marijuana and was sentenced in April 2005. He'd originally been charged with possession and production of marijuana, and stealing electricity. According to a pre-sentencing report, Wallis's parents had no idea what he was up to and were "extremely disappointed" when they found out he was growing pot in the house. Wallis was 32 years old when sentenced. The court heard he has a 12-year-old daughter - who lives with her mom and step dad - and worked as an auto mechanic before quitting his job to become a full-time pot grower. After his conviction he sold the house at a financial loss because of damage from the grow op, but has compensated his parents since. At sentencing, the Crown argued for a one-year term served either in prison or at home, and the defence argued for one year's house arrest. But Lenaghan hit him with the 15 months in prison plus a year's probation in an attempt to deter other pot growers from "causing harm in so many ways to the greater community." "A conditional sentence," Lenaghan reasoned, "would in the circumstances of this offence and this offender, utterly fail to achieve these objectives." He found the electric bypass posed a serious risk to Wallis's neighbours, and found the accused's deception of his own family and motivation by greed to be aggravating factors. On Friday, Appeal Court Justice Risa Levine upheld the sentence with Justice Pamela Kirkpatrick concurring. "The offence is driven by greed and has obvious deleterious effects on the community," Levine noted. Justice Allan Thackray dissented, finding 15 months house arrest appropriate. "For over four years Mr. Wallis has lived a lawful and productive life, returned to lawful employment, expressed regret for his sojourn into crime and lived up to his word," he reasoned. - --- MAP posted-by: Steve Heath