Pubdate: Sat, 28 Apr 2007
Source: Abbotsford News (CN BC)
Copyright: 2007 Abbotsford News
Contact:  http://www.abbynews.com/
Details: http://www.mapinc.org/media/1155
Author: Rochelle Baker

GROW-OP COUPLE LOSE APPEAL, HOME SEIZED

A couple who appealed the seizure of their Abbotsford home after they 
used it for a marijuana grow operation have lost their case.

The B.C. Court of Appeal decision this week concluded the original 
sentencing judge didn't err in ordering the forfeiture of the 
couple's property, and their appeal was dismissed.

In October 2005, Judge Jill Rounthwaite ordered the house - owned by 
Khai Thoi Huynh and Muoi Suu Ta who previously pleaded guilty to the 
production of marijuana - to be forfeited to Crown counsel.

Her decision marked the first time an Abbotsford building used as a 
grow-op was forfeited to the Crown as offence-related property.

The house, located at 35728 St. Andrew's Court, near Ledgeview Golf 
Course, was the subject of an Abbotsford Police search warrant March 24, 2004.

Inside, officers found a three-stage marijuana growing operation, 
including 679 plants.

The couple, who paid restitution for electrical theft through a hydro 
bypass, appealed Rounthwaite's decision on the basis the impact of 
the order was disproportionate to the crime.

They also challenged her finding the house wasn't their principle residence.

In a written decision B.C. Court of Appeal Justice Catherine Anne 
Ryan agreed with the sentencing judge assessment that the grow 
operation was a large-scale, on-going, moderately sophisticated 
enterprise with over 600 plants in the basement of a 4,000 square foot home.

And the business likely produced $195,000 to $240,000 a year a profit 
which would outweigh the equity of the home.

The couple had no criminal records, but offered no other evidence to 
demonstrate the impact of forfeiture would be disproportionate to the offence.

Ryan also found Rounthwaite's conclusion that the house was not the 
principle residence of the couple and their two children's was 
reasonable, and there was no evidence the seizure would impact 
innocent family members.
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MAP posted-by: Elaine