A provincial court judge has decided on an 18-month conditional sentence for one of two men charged with running a marijuana grow op in an isolated section of the industrial area east of Queensway.
Brent Alexander Burton, 28, was issued the term Dec. 23 by judge Michael Brecknell after hearing submissions from lawyers a week-and-a-half before.
Crown prosecutor Ben Alkema argued for one year in jail while defence lawyer Fred Fatt sought a conditional sentence, where Burton would serve the term in his home but be subject to conditions such as a curfew.
Burton, 28, and Nigel Eugene Pierini, 32, were arrested in August 2012 after RCMP seized 705 plants in various stages of growth from what was once two mechanic shops at the west end of Lower Patricia Boulevard.
Depending on how much bud they would yield and the estimated price on the street, the value of the plants was estimated at as little as $80,000 and as much as nearly $635,000.
In arguing for jail time, Alkema referred to a handful of cases for similar offences in which the accused was sent to a term behind bars despite pleading guilty. It was also noted that, had Burton committed the crime today, he automatically would have been sentenced to two years in jail as a result of now enacted federal legislation.
Speaking in favour of a conditional sentence, Fatt noted that Burton has no criminal record, has expressed remorse for his decision, is working and has a family to support. He also maintained Burton's role was simply that of a gardener and there was no evidence he would have reaped any of the profit.
Burton was also ordered to pay a $100 victim surcharge by April and provide a DNA sample. He was also issued a 10-year firearms prohibition.
Charges against Pierini remain outstanding.
