Pubdate: Fri, 04 Sep 2009
Source: Miramichi Leader (CN NK)
Copyright: 2009 Brunswick News Inc.
Contact: http://miramichileader.canadaeast.com/onsite.php?page=contact
Website: http://miramichileader.canadaeast.com/
Details: http://www.mapinc.org/media/4756
Author: Laura MacInnis

NO JAIL FOR WAYERTON MAN GROWING PERSONAL STASH

MIRAMICHI - One thing was clear from a sentencing this week for a 
marijuana grower from Wayerton. British Columbia is not New Brunswick.

David Young, 59, pled guilty to charges of producing marijuana. He 
appeared in court before Judge Denis Lordon on Tuesday to be sentenced.

Young received four months house arrest but will be allowed to travel 
out of the court's jurisdiction to attend work in Sussex six days a week.

The sentence was a joint recomendation between defence and Crown counsel.

District 6 RCMP executed a search warrant on Young's home on Aug. 22, 
2008 and found more than a dozen plants between his basement, 
upstairs and backyard. According to the police reports however, the 
evidence showed Young was growing the plants only for his personal 
use and not for trafficking.

Crown prosecutor Sylvie Mendes-Roux presented a number of decisions 
from other courts in which growers were not sent to jail including 
one from the Court of Appeal in British Columbia.

The judge was not impressed.

"Don't waste your time bringing be decision from BC... The court of 
appeal in BC is different than what the Court of Appeal in New 
Brunswick says I have to do... and they say if you're in the business 
of selling you have to go to jail."

"It's not my personal choice," he said of sending marijuana 
traffickers to jail. "It is what is dictated from above."

Defense counsel Geri Mahoney submitted court decisions of her own, 
highlighting local cases in which individuals caught growing for 
personal consumption were not sent to jail.

She also noted Young no longer used drugs at all and is currently 
working for an employer with a zero tolerance rule and random drug testing.

"Now that he has full time employment he is afraid of losing his job. 
This is the first time he's had full time work," she said, adding he 
would likely lose his job and the structure of the drug testing if he 
was sent to jail.

Young appeared nervous sitting at the back of the court room and said 
he didn't have anything to say to the court.

The judge agreed with the defence, saying it was the fact that he 
hadn't attempted to sell the drugs that saved him from being put behind bars.

"If there was evidence you'd been selling as a means of supporting 
you or your family you would have gone to jail. But you were making a 
few for yourself."

As part of the four month conditional sentence Young will be 
prohibited from any alcohol or illicit drug consumption. He must pay 
a $200 victim fine surcharge and is banned from the use of firearms 
for 10 years.
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MAP posted-by: Keith Brilhart