14/02/2008 00:00:00
UK: Sentencing for commercial cultivation of cannabis
---
Court of Appeal, Criminal Division
Regina v Xu and Others
Persons convicted of being concerned in the large scale commercial
cultivation or production of cannabis, could expect to receive sentences
with a starting point of three years if they acted as a gardener, six to
seven years if they acted as an organiser, three to seven years if they
acted as a manager and higher sentences where they controlled a large
number of such operations.
The Court of Appeal, Criminal Division (Lord Justice Latham, Mr Justice
Jack and Mr Justice Cranston) so held on December 21, 2007, when
disposing of sentence appeals by seven appellants convicted at various
crown courts of being concerned in the cultivation of cannabis.
LORD JUSTICE LATHAM, giving the judgment of the court, said that in all
cases, cultivation took place hydroponically and under artificial light
requiring a high consumption of abstracted electricity. The cannabis
crop was mostly of the highest quality, producing “skunk”, which was
particularly strong, grown in private houses or industrial premises
appropriately converted, and extensively equipped with propagating and
growing apparatus.
The gardeners who tended the crops usually had little to do with setting
up the operation. They were often illegal immigrants exploited because
of the vulnerability.
Such operations were extremely profitable, as the value of crops could
substantially exceed £100,000 a year, while costs were minimal, as the
electricity was usually unlawfully abstracted, and the labour costs
minimal. The fact that they were so remunerative required the court to
consider deterrent sentences.
http://business.timesonline.co.uk/tol/business/law/reports/article3365582.ece
--
LCA FORUM invites YOU: http://www.lca-uk.org/lcaforum/
http://astore.amazon.co.uk/webbooks05
Source:
http://www.ukcia.org/news/shownewsarticle.php?articleid=13282
Author:
The Times via UKCIA
|