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Cannabis-user's jail term reduced

Eastern Daily Press, Norwich

Wednesday 28 Jul 2004

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A former Norwich City Council candidate, who used cannabis for his back
pain and gave some to help out multiple sclerosis sufferers, has had his
jail term cut by two thirds.

Richard John Lehmann, 52, of Shorncliffe Close, Norwich, stood in June as a
Legalise Cannabis Alliance candidate for the Wensum Ward.

On July 1, he was jailed for nine months after admitting producing cannabis
at the city's crown court.

But judges sitting at London's Court of Appeal cut that to three months
after agreeing the term was "manifestly excessive" given the background of
the crime and the offender himself.

Mr Justice Gray said a doctor preparing a medical report on Lehmann's use
of the drug said "he could derive some benefit [from it] as it would help
his back pain."

He added that Lehmann was "entitled to say he believes he derives
therapeutic benefit" from his use of the drug.

The judge, who was sitting with Lord Justice May and Mrs Justice Hallett,
said police discovered Lehmann was growing the drug at his home when they
went there on an unrelated matter in October, 2003.

Officers said the estimated 931 grams he was in the process of producing
would have lasted the average user about one year.

But Lehmann, said the judge, told police he could get through it in eight
to ten months "because he was a heavy user".

The basis of his guilty plea was that most of the haul was for his own
personal use.

He was also a member of the United Church of Holy Sacred Herbs who would
receive cannabis as "part of the sacrament" and share it with other
worshippers, said Mr Justice Gray.

Lehmann, who has previous convictions for the production and possession of
cannabis, suffered from depression but was not getting regular medication
for it in jail and was considered at low risk of reoffending, the judge added.

Giving the court's ruling, Mr Justice Gray said Lehmann's crime deserved a
custodial sentence, and that the change in the law in early 2004 on the
legal status of cannabis "did not make an alteration to the sentence for
producing cannabis".

But he cut Lehmann's jail term because he accepted grounds including his
background, that he had not profited from his crime and that at least the
majority of the cannabis was for his own use.


 

 

 

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