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    Posted by greengoblin on 2006-08-12 at 11:31

    En länk till artikeln http://www.timesonline.co.uk/articl…2302649,00.html

    UK: Cultivating cannabis? It’s like growing tomatoes, says judge

    Nicola Woolcock

    The Times
    Tuesday 08 Aug 2006

    A JUDGE has refused to impose an antisocial behaviour order on a man
    cultivating cannabis because it is “no worse than having tomato plants”.

    He also told Oxford City Council, who applied for the ASBO, that it was
    “the sort of thing they do in Russia or China”.

    Twelve cannabis plants, worth £3,400, were discovered growing under
    special hydroponic lights at Phillip Pledge’s council flat. The council
    sought a possession order for the National Blood Service driver’s home
    and an ASBO banning him from the housing estate for two years.

    Judge Charles Harris, QC, refused both applications, saying that smoking
    cannabis did not constitute a nuisance. The judge said: “Smoking or
    possession of a quantity of cannabis, though a criminal offence, does
    not constitute a nuisance.

    “For some reason the Crown Prosecution Service has not charged Mr
    Pledge. He was arrested and released. If there is evidence against the
    defendant he should be brought before a criminal court.”

    The plants were found on the Blackbird Leys estate in Oxford during a
    police raid in February. The city council said that Mr Pledge was
    causing “alarm, harassment and distress” to his neighbours by growing
    the marijuana.

    Simon Strelitz, for the council, said that Mr Pledge had broken his
    tenancy agreement by storing and growing the drug. He told Oxford County
    Court: “The city council is not prepared to allow its property to
    harbour people who wish to commit offences. The fact that he has drugs
    in such quantity acts as a magnet for other unsavoury characters.”

    Mr Pledge, a business partner in Oxford Hydroponics, represented himself
    in court.

    He said that the drugs were for personal use, and added: “I’ve not dealt
    drugs and it’s never been proven that I dealt drugs. I am a partner in a
    hydroponics shop, which carries a certain stigma with it. I’ve been
    trying to get a move away for two years and been trying to wean myself
    off cannabis.”

    Judge Harris said: “If you are Sherlock Holmes and you go back to Baker
    Street and inject yourself with cocaine, as he did, you cannot be called
    a nuisance. So quietly smoking cannabis at home, not that it is to be
    encouraged, I’m not sure at all it constitutes a nuisance. If you are
    simply growing it, it’s no more offensive to neighbours than tomato plants.”

    A spokesman for Oxford City Council said that it would be appealing
    against the decision.

    Tänk att få höra en domare göra den jämförelsen i sverige!!

    replied 17 years, 9 months ago 1 Member · 1 Reply
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