Subj: UK: Chancellor helps keep drug grower out of jail



Date: 28 Apr, 1999



Source: Scotsman, The  (UK)









ubject: Chancellor helps keep drug grower out of jail  



Judge shows leniency after references speak highly of offender  





JOHN ROBERTSON Law Correspondent  





A CHARACTER reference from Gordon Brown, the Chancellor of 

the Exchequer, helped save one of his constituents from jail 

yesterday on a charge of growing almost UKP10,000 worth of 

cannabis.



The letter from Mr Brown, MP for Dunfermline East, was 

included in a number of testimonials produced on behalf of 

John Penman, 49.



The High Court in Edinburgh heard that the MP and others had 

spoken highly of Penman as someone with the ability to make 

a positive contribution to society. Mr Brown stressed that 

he did not condone Penman's offence of cultivating the drug 

for his own use.



After studying the letters, the judge, Lord Cowie, decided 

he could spare Penman a prison term and ordered him to do 

300 hours of community service.



At an earlier hearing Penman, of Lochleven Terrace, Kelty, 

Fife, admitted producing cannabis between 1 December, 1997 

and 8 April, 1998 at his home.



The Crown accepted his not guilty pleas to other charges of 

being concerned in the supplying of cannabis and possessing 

amphetamine. Sentence had been deferred for background 

reports.



Lord Cowie was told that during a drugs initiative by Fife 

Police, officers received information that Penman was 

growing cannabis plants at his house. After obtaining a 

search warrant, detectives went to his home on 8 April and 

found him in a bedroom with a piece of growing equipment and 

a book on how to cultivate marijuana. A search of the loft 

revealed a hydroponics growing system, two plants in grow 

trays and 15 parts of plants hanging up to dry. There was 

also a quantity of other growing equipment and plant matter.



More dry plant material was found in a second bedroom and 

the police determined that, in all, Penman had produced ten 

cannabis plants.



The accused insisted that it had been for his own use. He 

said he had not expected the plants to do so well, and 

admitted that the police had discovered his second crop.



The court was told that a total of almost 2kg of plant 

material had been recovered during the search and drugs 

squad officers gave it the potential street value of UKP9,920. 

Penman said he had used only the flower heads of the plants 

which contained the strongest active chemical ingredient. He 

had smoked the cannabis and used it in baking and for mixing 

with yoghurt.



The defence solicitor advocate, Alex Prentice, told the 

court that a number of references had been produced for 

Penman including one from "the appropriate member of 

parliament".



Mr Prentice said: "None of them condones what he did but the 

references indicate that he is someone who has a significant 

contribution to make in a positive way."



It was stressed that Penman, a first offender, had not been 

growing the cannabis to supply it to others. Mr Prentice 

said the accused had been given cuttings and had cultivated 

them to acquire a store of cannabis for his personal use.



"Following the police attending at his house, he became very 

distressed. Since their visit he has not used drugs of any 

kind, nor has he been in trouble," said Mr Prentice.



Penman was currently studying at college in Glenrothes and 

there was no likelihood of his offending again.



Lord Cowie told Penman: "This was extremely foolish 

behaviour on your part. For a man who apparently has been of 

great service to the community and is obviously well thought 

of by a lot of people, to do something like this is quite 

unforgivable."



The courts are not allowed to jail first offenders unless 

convinced that there is no alternative sentence available. 

Lord Cowie said he took into account that Penman would not 

be tempted to offend again in a similar way and added: "This 

would normally result in a custodial sentence but in all the 

circumstances, and taking account of all the references 

before me, I have decided to make a community service order 

for 300 hours."