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UK: NI: Cannabis jail sentence 'excessive'

UTV News

Friday 17 Jun 2011

A 12-month jail sentence imposed on a drug addict for growing cannabis plants was manifestly excessive, the Court of Appeal has ruled.

Senior judges directed that the prison term handed down to Stephen O'Brien should be switched to three years probation due to exceptional circumstances.

O'Brien, 31, had been given four months in custody followed by eight months on licence after pleading guilty to cultivating cannabis and possessing the drug.

He was acquitted of a separate alleged offence of possession with intent to supply.

O'Brien was charged following a police search of his home at Cranbrook Street, Belfast in August 2009 which led to the seizure of 23 cannabis plants, growing equipment and a small quantity of the drug.

The estimated worth of the plants was disputed. The prosecution put them at £11,500, while a defence expert's valuation was between £2,100 and £3,600.

O'Brien maintained that he was growing the drugs for his own personal use.

Challenging the sentence imposed, his lawyers argued that it was an exceptional case because reports had recommended he should get urgent treatment.

The court heard how he became addicted to alcohol and drugs as a teenager. Psychological issues were also identified.

Allowing the appeal, Lord Justice Coghlin said: "Having taken into account all the factual evidence, expert reports and recommendations we have reached a view that this should be regarded as an exceptional case in which the community might be best served by a non-custodial sentence.

"In our view the sentence was manifestly excessive."

A condition of the decision is that O'Brien must take part in a drug counselling or treatment programme.

Reducing a fine imposed on him from £1,000 to £200, Lord Justice Coghlin also stressed: "Cannabis remains a drug which is capable of causing significant, long-term psychiatric damage.

"That is demonstrated not only by repeated research programmes, but also by the sad individual who is making the appeal in this case."

http://www.u.tv/news/Cannabis-jail-sentence-excessive/2766fc10-5e7d-4cb3-9e3c-c18f1104a2b2

 

 

 

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