The RCMP's discovery of a large marijuana grow operation on a rural Prince George property has led to an 18-month jail term for a Lower Mainland man.
Provincial court judge Victor Galbraith issued the term Monday to Daniel Ryan Middleton, 34, after RCMP uncovered nearly 2,300 plants in an operation on Horrocks Road, south of the city, in December 2010.
It added up to 430 pounds of pot, worth between $860,000 and $2 million depending on how it was sold. The operation was designed to yield three crops per year.
Police also seized nearly $4,000 in cash and $66,000 worth of grow op equipment.
Defence counsel had argued for a conditional sentence of two years less a day, where Middleton would have served the term at home rather than behind bars, or, if jail was deemed appropriate, between nine months and a year.
Crown prosecution had urged a term of two-and-a-half years in jail.
In issuing his decision, Galbraith said he opted for a jail term after taking into account Middleton's previous conviction for smuggling marijuana into the United States, for which he served 18 months in jail, combined with the size of the operation and the extent of Middleton's involvement.
Although it appears he was earning only a nominal amount of money, plus free rent, to act as the operation's caretaker, Galbraith found Middleton knew what he was doing and had been doing the work for some time.
Galbraith also noted comments from two other judges' sentencing decisions about the growing prevalence of marijuana growops in the Cariboo and northern B.C. and said the operations are "far from victimless crimes," since they can be fire hazards and magnets for violent crimes.
A Hydro bypass was found on the property but a charge of theft of electricity against Middleton was dropped.
Middleton, who has been receiving treatment and medication for an anxiety and panic disorder, appeared to be in tears and buried his face in his hands upon hearing the decision. He was then led away to begin the jail term.
