A LOCAL man busted by police for having a crystal meth lab in his basement nearly four years ago will serve his sentence in the community.
Matthew Kerby, 35, pleaded guilty to charges of production for the purpose of trafficking methamphetamine, production of methamphetamine, production of mescaline and possession of mescaline.
“I am satisfied that any jail sentence imposed would be for less than two years and I’m satisfied that service of the sentence in the community would not endanger the safety of the community,” said Madame Justice Marvyn Koenigsberg when sentencing Kerby.
Madame Justice Koenigsberg handed Kerby a conditional sentence of 23 months with a curfew requiring him to stay inside his residence or on the lot 24-hours-a-day seven-days-a-week for the first 12 months of his sentence.
Kerby may leave the residence to go to and from work, school or activities approved of by his supervisor and may shop for three hours a week for necessary items.
For an offence as serious as this one, a conditional sentence would not be available for the defendant or meet the principles of denunciation and deterrence without a significant curfew, said Madame Justice Koenigsberg.
Kerby must complete 100 hours of community work service toward any project which, in the opinion and approval of his conditional sentence supervisor, contributes to the prevention of drug abuse by youth, including the production of a video to be used by community groups that’s approved of by his supervisor, said Madame Justice Koenigsberg.
On July 29, 2008, police arrested two people after executing a search warrant on a residence on the 4700 block of Scott Ave and finding a synthetic drug lab in the basement of the residence, said police at that time.
Police couldn’t confirm what the individuals made in the lab but believed it to be crystal meth, said police.
These types of synthetic drug labs are very dangerous and residences, including a day care close by, were at risk of damage if the lab had exploded, said a police official at the time.
Kerby’s conditions also include that he must not possess or consume alcohol, intoxicants or illegal drugs, and must attend, participate in and complete counselling or treatment and any psychiatric assessment as directed by his supervisor.
Kerby must abide by a 10 year firearms prohibition, must provide a DNA sample to police and forfeit items seized by police.