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Cannabis Conspiracy Uncovered


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Cannabis Conspiracy Uncovered

26 June 2008

http://pr.cannazine.co.uk/content/view/417/27/

 

It would appear that, if the Police are unable to find an offence to charge you with but they take a dislike to you, its highly likely they will make one up, as the following story illustrates all too clearly.

 

In answer to one of the biggest conspiracy theories attached to the British cannabis debate in recent times, three Derby men have had their convictions over-turned by the country's most senior Judge at the Court of Appeals.

 

Back in January 08 and the talk of the British cannabis community was of the three hydroponic shop workers from Derby who had been convicted of the charge of "Aiding and abetting the production of cannabis".

 

So the conspiracy went, off-duty police officers had been given advice how to grow cannabis, and how to make sure they never got caught doing so. Rumour had it this was the reason the men were convicted, but the community asked many times, "Does this charge even exist"?

 

At the Court of Appeals, Lord Chief Justice, Lord Phillips clearly thinks not, as he ruled that the offences of conspiracy to aid and abet and counsel the production of cannabis were "unknown to law" and thus had to be quashed.

 

Which begs the question of compensation for the two men unfairly imprisoned on trumped up charges?

 

As a result two men are having their sentences completely over-turned, and a third, remain's behind bars as he was actually found in possession of 624 grams of dried cannabis, which was allegedly "Bagged and ready for sale".

 

Cannabis Law: Are they making it up as they go along?

The initial story dates back to January, when David Kenning (30) of Loughborough, was jailed for a total of 21 months, on a charge of "Conspiracy to Aid and Abet, and counsel the production of cannabis".

 

Kennings business partner Paul Fenwick of Leicester, was sentenced to 3 years for conspiracy to aid and abet and counsel production, possession of the drug himself with intent to supply, and possession of a firearm.

 

A worker who was employed by the pair, Paul Blackshaw, 33, of Little Eaton, received a suspended sentence for the same offence and conspiracy to counsel - or advise - the production of the drug.

 

Kenning and Fenwick have languished behind bars ever since, as they carefully constructed their appeal.

 

Today however, Mr Kenning and Mr Blackshaw had their names completely cleared at the Court of Appeal in London and were beginning to put their lives back together.

 

Paul Fenwick however, whilst cleared of the aiding, abetting and counselling charges, potentially faces another two months behind bars, as he still has time to serve on his sentences for the drugs possession and firearm offences.

 

The Trial

According to the prosecution in the trial, Kenning and Fenwick, trading through their hydroponic wholesale business in Derby, supplied equipment to cannabis growers, reasonably foreseeing that the items would be used illegally.

 

Fenwick and Mr Blackshaw, at the time a shop assistant at their centre, had also provided advice to undercover police officers about producing cannabis and how to avoid detection, prosecutors said.

 

But in the Court of Appeals today, lawyers acting for all three men argued that their convictions were wrong, as the offences they had been charged with did not exist in British law.

 

According to the defense legal team, "In order to convict a defendant of conspiracy to aid and abet or counsel the commission of an offence, the jury would have to be sure that the end offence actually occurred."

 

The trial judge had been wrong in directing the jury that the offence could be committed, even when the end offence could not be proven.

 

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Top stuff :thumbsup:

 

I remember reading about the yarn when it happened 'n thought how fkd up the case seemed. Top marks, on their appeal 'n the judge recognising it, as such tripe.

 

The arresting officer/s, prosecuting officer/s and residing judge at the time that presented/heard the case in the courts orginally needs a good kick up the arse. To the point, they all should be struck off, period!

 

:bow:

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