Three men arrested in connection with an $11-million marijuana grow-op in Wainfleet will not be going to jail.
Justice Harrison Arrell instead gave each man a 5½-month conditional sentence, describing them as “low-level gardeners” in a large commercial grow operation.
“I am satisfied given all the circumstances that these three offenders will not re-offend. I am also satisfied that these three were taken advantage of because of their financial circumstances,” Arrell said Monday while sentencing Neng Tao Jin, 65, of Scarborough; Xian Zhi Wang, 51, of Toronto; and Rui Han Lin, 33, of Markham.
The three men who earlier pleaded guilty to production of a controlled substance listened to Arrell’s judgment through a translator during the Superior Court hearing in Welland.
They were arrested July 25, 2012, after Niagara Regional Police executed a search warrant at a greenhouse at 43634 Hwy. 3, west of Smith Road in Wainfleet.
Arrell said the men “were paid a nominal amount (of $12 an hour) and hired randomly.”
“They had been working at this greenhouse for only a day or two,” he added. “The Crown agrees that the defendants are not in anyway associated with the main players of this grow operation, nor did they purchase any of the equipment.”
Although the men fled when police arrived, Arrell said they were arrested a short time later in a nearby cornfield. Jin suffered bites to his leg by a police dog during his arrest.
Since their arrest, Arrell said, the three men have co-operated with police.
He said none of the men have violated their “relatively strict” bail provisions, none of them had prior criminal records, and all three men have expressed remorse for their crime.
Arrell said Jin and Wang both have “very sick wives” diagnosed with cancer, and Lin has very young children.
The men, he said, could be deported from Canada with no right of appeal if they receive a criminal sentence of six months or more.
“A sentence of less than six months will at least leave the right of appeal to the deportation order available to that individual,” Arrell said. “However, immigration consequences cannot justify sentences that are disproportionate or inconsistent with the fundamental purposes and principles of sentencing.”
Federal prosecutors had asked for two-year imprisonments; the defence lawyer representing all three men, Darren Sederoff, recommended a conditional sentence of six to 12 months.
Arrell said due to the “unique circumstances” of the case and the offenders a penitentiary term is not appropriate.
The 5½-month conditional sentences are in addition to six days of time served. Conditions imposed include keeping the peace, appearing before the court when required, reporting to a supervisor, remaining within the province unless written permission is obtained, notifying their supervisor about any change of name, address, or employment.
The men are also to remain within their respective homes at all times, except for meeting with their supervisor, attending counselling or screening, working, medical appointments and emergencies, obtaining necessities of life, or for religious services limited to 10 hours per week, and attending educational events for the children or grandchildren.
In addition, the men were ordered to provide a DNA sample, they were prohibited from having weapons for 10 years, and all items seized during the investigation will be forfeited.
About 11,300 marijuana plants were found within the greenhouse, as well as about $10,000 worth of equipment.
The greenhouse, which was previously the scene of another large scale grow-op, was later demolished by Wainfleet Township.
Justice Harrison Arrell instead gave each man a 5½-month conditional sentence, describing them as “low-level gardeners” in a large commercial grow operation.
“I am satisfied given all the circumstances that these three offenders will not re-offend. I am also satisfied that these three were taken advantage of because of their financial circumstances,” Arrell said Monday while sentencing Neng Tao Jin, 65, of Scarborough; Xian Zhi Wang, 51, of Toronto; and Rui Han Lin, 33, of Markham.
The three men who earlier pleaded guilty to production of a controlled substance listened to Arrell’s judgment through a translator during the Superior Court hearing in Welland.
They were arrested July 25, 2012, after Niagara Regional Police executed a search warrant at a greenhouse at 43634 Hwy. 3, west of Smith Road in Wainfleet.
Arrell said the men “were paid a nominal amount (of $12 an hour) and hired randomly.”
“They had been working at this greenhouse for only a day or two,” he added. “The Crown agrees that the defendants are not in anyway associated with the main players of this grow operation, nor did they purchase any of the equipment.”
Although the men fled when police arrived, Arrell said they were arrested a short time later in a nearby cornfield. Jin suffered bites to his leg by a police dog during his arrest.
Since their arrest, Arrell said, the three men have co-operated with police.
He said none of the men have violated their “relatively strict” bail provisions, none of them had prior criminal records, and all three men have expressed remorse for their crime.
Arrell said Jin and Wang both have “very sick wives” diagnosed with cancer, and Lin has very young children.
The men, he said, could be deported from Canada with no right of appeal if they receive a criminal sentence of six months or more.
“A sentence of less than six months will at least leave the right of appeal to the deportation order available to that individual,” Arrell said. “However, immigration consequences cannot justify sentences that are disproportionate or inconsistent with the fundamental purposes and principles of sentencing.”
Federal prosecutors had asked for two-year imprisonments; the defence lawyer representing all three men, Darren Sederoff, recommended a conditional sentence of six to 12 months.
Arrell said due to the “unique circumstances” of the case and the offenders a penitentiary term is not appropriate.
The 5½-month conditional sentences are in addition to six days of time served. Conditions imposed include keeping the peace, appearing before the court when required, reporting to a supervisor, remaining within the province unless written permission is obtained, notifying their supervisor about any change of name, address, or employment.
The men are also to remain within their respective homes at all times, except for meeting with their supervisor, attending counselling or screening, working, medical appointments and emergencies, obtaining necessities of life, or for religious services limited to 10 hours per week, and attending educational events for the children or grandchildren.
In addition, the men were ordered to provide a DNA sample, they were prohibited from having weapons for 10 years, and all items seized during the investigation will be forfeited.
About 11,300 marijuana plants were found within the greenhouse, as well as about $10,000 worth of equipment.
The greenhouse, which was previously the scene of another large scale grow-op, was later demolished by Wainfleet Township.
