Pot grow sentence surprises everyone

[boulder]

Pot grow sentence surprises everyone

Thursday January 16, 2003

FRANCES BARRICK

RECORD STAFF

 

KITCHENER -- A kitchen fire caused by a Kitchener man who had a large marijuana grow

 

operation in his rented townhouse resulted in the first-time offender being sentenced yesterday to eight months in jail, a term that shocked even the drug prosecutor on the case.

 

"I was surprised," said Kathleen Nolan, who had asked for a 12-month jail sentence for 28-year-old Michael Broz.

 

Until recently, the most prevalent sentence for first-time offenders convicted of operating indoor pot operations was a period of house arrest, a sentence defence lawyer Harold Cox had asked for his client, Broz.

 

But Justice Gary Hearn said a traditional jail sentence was warranted considering the size of this operation -- 875 plants -- as well as the danger the fire posed to neighbouring townhouses.

 

The value of the pot operation was about $875,000.

 

Hearn also noted that Broz was the sole beneficiary of the profits from the operation and had previously said he got into this illegal business to buy a house and car.

 

People such as Broz, who get involved for the sole motivation of greed, "must be deterred and this behaviour must be denounced," the judge said.

 

Broz cried throughout his sentencing hearing yesterday in Ontario Court, and his father wiped away tears as his son was led out of the courtroom in handcuffs.

 

Last October, the delivery man had pleaded guilty to producing and possessing marijuana for the purpose of trafficking.

 

Police discovered the large pot grow in the basement following a June 12 fire at Broz's rented Bankside Drive home.

 

Broz had started the fire on the stove while using a chemical to extract cannabis resin from the marijuana he grew. He was treated for minor burns to his hands.

 

The fire caused $26,000 damage and Hearn ordered that Broz make full restitution.

 

After court, Cox said he is considering appealing the sentence.

 

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