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 veggie
Registered: 07/26/04
Posts: 13,985
Loc: 
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 Ailing man, 61, will lose house where he ran pot grow-op [CAN] 
#10037019 - 03/25/09 05:04 AM (4 years, 1 month ago) |
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Ailing man, 61, will lose house where he ran pot grow-op
March 25, 2009 - thestar.com
Former labourer, who started harvesting marijuana because he couldn't work, gets 10 months in jail
They took away his home in the morning and put him in jail in the afternoon.
Ontario Court Justice Kathleen Caldwell said because of the seriousness of his crime she had no choice but to sentence ailing 61-year-old Tam Ngoc Tran to 10 months in jail for running a marijuana grow operation in the modest semi-detached house that she also ordered forfeited at the request of the Crown.
Federal prosecutor David Rowcliffe said he believes it is the first time someone has involuntarily lost a residence in Toronto under the federal Integrated Proceeds of Crime Unit.
Tran was convicted of production and trafficking marijuana following a trial last fall after testifying he had turned to growing pot after developing heart problems that prevented him from working steadily as a general labourer. He also told court he did not want to go on welfare and took the risk because he could not provide for his children.
Yesterday, Caldwell allowed his eldest daughter, Van Tran, 32, to explain to the court why her family should keep the home where she and her two younger siblings grew up. Her parents, she said, came to Canada from Vietnam in 1990 and her father was "desperate" when he succumbed to the influence of bad people.
"My dad ... knows what a bad decision he made," she said tearfully. The family has gone through "torture" during the last two years while this has been before the courts, she testified.
Caldwell said she had "a great deal of difficulty with Mr. Tran's credibility" and didn't find "pride" to be a mitigating factor when considering punishment.
Tran's ex-wife, Lien Thi Pham, is also on the house's legal title. She could still bring an application in court to keep 96 Driftwood Ave., appraised in 2007 at $287,000. She was acquitted of marijuana-production charges and, despite their estrangement, has been living in the house with her ex-husband and the couple's two other adult children. There is about $89,000 left on the mortgage.
Tran had no financial stake in the house purchased by Pham in 1997 for $194,000 with money from her registered retirement savings plan.
She has also been paying the mortgage while working overnight shifts, Van Tran testified.
Defence lawyer Peter Zaduk had argued his client deserved only a conditional sentence, particularly in light of the forfeiture order.
He said the justice system has treated Tran with "brutality."
"He's old and sick and unemployable and now he's going to be homeless."
Rowcliffe said the public prosecution service believes drug dealers should "lose not only the profits but the tools of the trade." The public can expect more forfeitures in the future, Rowcliffe said.
"Growers beware. Cocaine dealers beware. Money launderers beware."
The evidence before the court was that Tran was on his third "try" growing pot after two "relatively unsuccessful" harvests. Police seized some 490 plants when they raided the house.
Tran, who had no criminal record, was led out of the Old City Hall courtroom in handcuffs.
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buddhabadger
Evil Overlord
Registered: 01/16/09
Posts: 491
Loc: The Forest
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Re: Ailing man, 61, will lose house where he ran pot grow-op [CAN] [Re: veggie]
#10037035 - 03/25/09 05:21 AM (4 years, 1 month ago) |
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Goddammit, Canada. I used to respect you and had hope for your common-sense drug policies.
Granted, 490 plants is a bit much but still... and this, this is utter shit: "The public can expect more forfeitures in the future", Rowcliffe said.
Well, gee, thanks. Asset forfeiture seemed like SUCH an awesome idea when used in the States that we just HAD to use it here, too.
edited: Hyperbole removed
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- I don't abuse drugs; in fact, I think I treat them quite nicely. -
Edited by buddhabadger (03/25/09 04:07 PM)
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 ExplosiveMango
HallucinogenusDigitallus
 
Registered: 07/12/05
Posts: 3,222
Last seen: 3 years, 6 months
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Re: Ailing man, 61, will lose house where he ran pot grow-op [CAN] [Re: buddhabadger]
#10037111 - 03/25/09 06:39 AM (4 years, 1 month ago) |
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Hahaha... so let me get this straight...
An old man grows marijuana because he is unemployed, so the crown steals the house he lives in just to make him homeless- even though the house isn't his and the owners are innocent???
lol
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Know your self.
Know your substance.
Know your source.
The most distorted perspective possible is the perspective that yours is not distorted.
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easyskunkin
M
Registered: 12/23/03
Posts: 70
Loc: In seven letters, success...
Last seen: 1 month, 10 days
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Re: Ailing man, 61, will lose house where he ran pot grow-op [CAN] [Re: veggie]
#10037141 - 03/25/09 07:14 AM (4 years, 1 month ago) |
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This is so shocking ! Here in Spain he would never have been sentenced to jail, let alone loose his house !!!! And what about this "growers beware" bullshit like she thinks she just jailed some evil drug lord or something, ridiculous if it wasn't so sad...
Edited by easyskunkin (03/25/09 07:17 AM)
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