|
veggie
Registered: 07/25/04
Posts: 17,504
|
Appeal court quashes hydroponic cannabis convictions [UK]
#8630441 - 07/13/08 06:12 PM (15 years, 8 months ago) |
|
|
Appeal court quashes hydroponic cannabis convictions July 13, 2008 - guardian.co.uk
· No proof that equipment was used to cultivate drug · Relief for firms operating in legal grey area
A court of appeal decision has shone a light on the homegrown cannabis industry. The quashing of the convictions of three men involved in hydroponics comes at a time when cultivation of cannabis in the UK is at record levels.
In January, three men who worked for a hydroponics company in Derby were convicted at Derby crown court of conspiracy to aid and abet the production of cannabis.
David Kenning was jailed for 21 months, his employee Paul Blackshaw received a suspended sentence and his business partner, Paul Fenwick, was jailed for three years for conspiracy to aid and abet and counsel production and possession of the drug.
It was the prosecution's case that Kenning and Fenwick, trading through their now defunct firm, had supplied equipment to cannabis growers, reasonably foreseeing that the items would be used illegally. But it was not proved that anyone had used the equipment to grow cannabis.
But in the appeal court judgment, published last week, Lord Phillips, the lord chief justice, ruled that the offences of conspiracy to aid and abet and counsel the production of cannabis were "unknown to law" and had to be quashed. "There can be no conviction for aiding and abetting, counselling or procuring, unless the offence is shown to have occurred," he said. "It is not an offence to attempt to aid and abet, counsel or procure the commission of an offence."
The case has highlighted the legal grey areas in which the suppliers of such equipment work at a time when homegrown cannabis is booming.
Harry Shapiro, of the charity Drugscope, estimated that between 60% and 80% of cannabis in Britain is homegrown, up from 11% a decade ago. While much of this is professionally produced in warehouses, some is cultivated for private consumption. Although it is legal to sell the high-powered lights and growing systems, it is not legal to assist in growing cannabis.
Niamh Eastwood, head of legal services at the drugs information and advice agency Release, which advised the three men, welcomed the ruling. She added that there was concern among stores selling such equipment over where they stood legally. "What is worrying is that people engaging in a legitimate business are still unsure of what the law is," she said.
There are many legitimate reasons for buying and selling hydroponics equipment. Many companies highlight how city dwellers can have the satisfaction of growing crops such as strawberries.
|
Coaster
Baʿal
Registered: 05/22/06
Posts: 33,501
Loc: Deep in the Valley
Last seen: 12 years, 5 months
|
Re: Appeal court quashes hydroponic cannabis convictions [UK] [Re: veggie]
#8630479 - 07/13/08 06:20 PM (15 years, 8 months ago) |
|
|
they might as well arrest all headshop owners too fucking faggs
--------------------
|
suburbanned
Stranger
Registered: 02/20/08
Posts: 2,810
Last seen: 13 years, 7 months
|
Re: Appeal court quashes hydroponic cannabis convictions [UK] [Re: Coaster]
#8630518 - 07/13/08 06:29 PM (15 years, 8 months ago) |
|
|
another A++ post by coaster
|
Coaster
Baʿal
Registered: 05/22/06
Posts: 33,501
Loc: Deep in the Valley
Last seen: 12 years, 5 months
|
Re: Appeal court quashes hydroponic cannabis convictions [UK] [Re: suburbanned]
#8630556 - 07/13/08 06:36 PM (15 years, 8 months ago) |
|
|
Quote:
suburbantoker said: another A++ post by coaster
--------------------
|
Chemy
Jesus is Lord
Registered: 10/05/07
Posts: 6,276
Loc: A Church
Last seen: 14 years, 3 months
|
Re: Appeal court quashes hydroponic cannabis convictions [UK] [Re: suburbanned]
#8630656 - 07/13/08 06:55 PM (15 years, 8 months ago) |
|
|
Quote:
suburbantoker said: another A++ post by coaster
I concur
-------------------- Alcoholics Anonymous Narcotics Anonymous Get help, help is free and available 24/7/365. God bless you all and I hope you receive the help you need to turn away from your lives of sin. Mushrooms and drugs make you gay, you can reverse this homosexual condition with rehab, get help! Stop being gay!
|
Visionary Tools
Registered: 06/23/07
Posts: 7,953
Last seen: 1 year, 9 months
|
Re: Appeal court quashes hydroponic cannabis convictions [UK] [Re: veggie]
#8632426 - 07/14/08 05:02 AM (15 years, 8 months ago) |
|
|
Quote:
veggie said: Appeal court quashes hydroponic cannabis convictions July 13, 2008 - guardian.co.uk
· No proof that equipment was used to cultivate drug · Relief for firms operating in legal grey area
In January, three men who worked for a hydroponics company in Derby were convicted at Derby crown court of conspiracy to aid and abet the production of cannabis.
Ohh, I've just been there on an unrelated matter. Nice place.
--------------------
|
Seuss
Error: divide byzero
Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 1 month, 18 days
|
Re: Appeal court quashes hydroponic cannabis convictions [UK] [Re: veggie]
#8632437 - 07/14/08 05:10 AM (15 years, 8 months ago) |
|
|
Quote:
"There can be no conviction for aiding and abetting, counselling or procuring, unless the offence is shown to have occurred," he said. "It is not an offence to attempt to aid and abet, counsel or procure the commission of an offence."
Good thing they weren't in the land of the free... the US system uses the conspiracy charge to catch the people that would slip through due to lack of evidence, etc.
-------------------- Just another spore in the wind.
|
Coaster
Baʿal
Registered: 05/22/06
Posts: 33,501
Loc: Deep in the Valley
Last seen: 12 years, 5 months
|
Re: Appeal court quashes hydroponic cannabis convictions [UK] [Re: Seuss]
#8632441 - 07/14/08 05:11 AM (15 years, 8 months ago) |
|
|
ya like clicking a link supposidly connected to child porn is a crime
--------------------
|
|