Pot grower avoids jail

[grace]

Pot grower avoids jail

Submit comment June 20, 2008 11:55am

Mercury

http://www.news.com.au/mercury/story/0,228...87-3462,00.html

 

A TASMANIAN man who was found not guilty of trafficking cannabis but convicted of having 4kg of the drug in his pocession has been given a suspended jail sentence.

 

Justice Peter Evans said Paul Darren Enright, of Kimberley, had been smoking cannabis since he was 15 years old and had been convicted of drug charges in 1990.

 

"That did not deter you from growing cannabis again," Justice Evans told Enright.

 

The 39-year-old admitted growing six plants but told the court he had not planned to on-sell the crop.

 

"You claimed you did not intend to sell the drugs you had grown and a jury accepted that claim. Therefore I must also accept that finding," Justice Evans told Enright.

 

Enright was given a three-month jail term suspended on the condition he be of good behaviour for two years.

 

Enright must also complete 75 hours of community service.

 

 

It's good to see a jury and judge distinguish between growing for purposes of traffficking and growing for personal use.

[nimrod13]

I too was caught with a large amount of cannabis and not charged with trafficking.In QLD the prosecution must prove intent to distribute to have a trafficking charge stick.Dont bag all your mull up so it looks like its ready for sale.Lie in court like i do and say "its all for my personal use your honour" no matter how much you`ve been pinched with.Never ever admit you were going to sell any to anyone!!The only way the police can bust you is if somebody tells them where you are and what your doing.If you dont tell anybody,you wont get busted.Simple.

[Al B. Fuct]

The problem in some jurisdictions is the matter of 'deemed supply.' Getting nailed with more than a certain amt of weight in some places triggers a 'deemed supply' law, where dealing is simply presumed, whether there's any actual evidence you were selling or not.

 

Lie in court? You betcha. Never admit anything. Make them prove it.