A Yorkton couple who pleaded guilty to marijuana trafficking and production will not spend time in prison.
At a sentencing hearing for Zachary Villeneuve and Jillian Fedun July 26, Judge Ross Green accepted a joint submission from the Crown and defence for conditional sentences on the trafficking charges and suspended sentences on the production charges to be served concurrently.
A previous hearing on July 22 had been adjourned when prosecutor Shane Wagner recognized there might be a problem with an original joint recommendation of conditional sentences on all charges.
Changes to the Criminal Code in 2012 made conditional sentences for charges that carry a maximum sentence of 14 years unavailable to the Court.
The same legislation upped the maximum sentence for marijuana production from seven to 14 years.
In recommending suspended sentences on the production charges, Wagner cited the mitigating circumstance that Villeneuve had a licence to grow medical marijuana, although not at the residence where the two defendants were arrested on March 14.
In passing the sentences, 15 months for Villeneuve and 12 months for Fedun, Green characterized the circumstances as “extremely out of the ordinary,” but said “it must be noted that having a licence does not give him in any way the right to sell it.”
In addition to the statutory conditions, the pair must live at a residence approved by a probation officer, observe a curfew, abstain from alcohol and non-prescription drugs, and participate in assessment and programming for addictions if required by a probation officer.
They are also subject to a mandatory 10-year firearms prohibition and DNA order.