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POWERS OF SEARCH AND SEIZURE - Seizure - Forfeiture of items seized

Monday, August 12, 2019 @ 10:42 AM  

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Application by the Director for an order of forfeiture of the home of the defendant Nguyen. Nguyen pleaded guilty to the production of marihuana in the home. The total value of the marihuana seized was estimated to have street value of over $280,000 and a wholesale value of $146,500. In early 2015, Nguyen suffered a heart attack and his financial difficulties started to build up. Prior to this, he had taken out a line of credit to help him manage his expenses. He argued the grow operation was short-lived and there was no evidence that he made a profit from it. His risk for future criminal activity was assessed as low.

HELD: Application allowed. The evidence established that Nguyen had a grow operation in the home between March 2012 to September 2013. Nguyen was the operating mind behind the grow operation. The loss of equity in the home of $100,000 was not disproportionate to the potential profit to be earned from the operation. Nguyen was not dependent on the home to earn a living.

Manitoba (Criminal Property and Forfeiture, Director) v. Nguyen, [2019] M.J. No. 190, Manitoba Court of Queen's Bench, J.F. Harris J., July 4, 2019. Digest No. TLD-August12019002