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SENTENCING - Controlled drugs and substances - Maximum or minimum sentence available

Thursday, June 21, 2018 @ 9:53 AM  

Appeals and cross-appeals involving three offenders, Vu, Li and Pham, challenging the mandatory minimum sentencing provisions for unauthorized production of marijuana. Vu and Pham each faced a three-year mandatory minimum sentence for residential marijuana grow operations in the amount of 1,020 and 1,110 plants respectively. Li faced a mandatory one-year minimum sentence for a 475-plant residential marijuana grow operation. Prior to sentencing, each of the convicted parties sought a declaration that the mandatory minimum sentence provisions infringed s. 12 of the Charter. In the case of...