Tuesday, August 08, 2006
Mentioned In Dispatches Judge Charles Harris QC
The Times reports here on an application for an ASBO (Anti Social Behaviour Order) by Oxford City Council against a Mr Pledge for growing cannabis.
I qoute from the judge: "For some reason the Crown Prosecution Service has not charged Mr Pledge. He was arrested and released. If there is evidence against the defendant he should be brought before a criminal court." That's right growing cannabis is a criminal offence, Mr Pledge should be charged with a crime and if there's sufficient evidence, convicted.
The council said: "Mr Pledge was causing “alarm, harassment and distress” to his neighbours by growing the marijuana." However we learn that Mr Pledge said: "that the drugs were for personal use, and added: "I’ve not dealt drugs and it’s never been proven that I dealt drugs.""
The judge said: "Smoking or possession of a quantity of cannabis, though a criminal offence, does not constitute a nuisance." That's right, it is criminal, but it isn't (of itself) a nuisance.
More common sense from Judge Harris: "If you are Sherlock Holmes and you go back to Baker Street and inject yourself with cocaine, as he did, you cannot be called a nuisance. So quietly smoking cannabis at home, not that it is to be encouraged, I’m not sure at all it constitutes a nuisance. If you are simply growing it, it’s no more offensive to neighbours than tomato plants."
Of the councils' behaviour, Judge Harris said it was: "the sort of thing they do in Russia or China".
Apparently the council will be appealing, but it seems to me Judge Harris has it about right.
A Hearty: "Well Done!" to Judge Harris for applying the law and standing up to the council.
I qoute from the judge: "For some reason the Crown Prosecution Service has not charged Mr Pledge. He was arrested and released. If there is evidence against the defendant he should be brought before a criminal court." That's right growing cannabis is a criminal offence, Mr Pledge should be charged with a crime and if there's sufficient evidence, convicted.
The council said: "Mr Pledge was causing “alarm, harassment and distress” to his neighbours by growing the marijuana." However we learn that Mr Pledge said: "that the drugs were for personal use, and added: "I’ve not dealt drugs and it’s never been proven that I dealt drugs.""
The judge said: "Smoking or possession of a quantity of cannabis, though a criminal offence, does not constitute a nuisance." That's right, it is criminal, but it isn't (of itself) a nuisance.
More common sense from Judge Harris: "If you are Sherlock Holmes and you go back to Baker Street and inject yourself with cocaine, as he did, you cannot be called a nuisance. So quietly smoking cannabis at home, not that it is to be encouraged, I’m not sure at all it constitutes a nuisance. If you are simply growing it, it’s no more offensive to neighbours than tomato plants."
Of the councils' behaviour, Judge Harris said it was: "the sort of thing they do in Russia or China".
Apparently the council will be appealing, but it seems to me Judge Harris has it about right.
A Hearty: "Well Done!" to Judge Harris for applying the law and standing up to the council.
Tags: Mentioned in Dispatches, Judge Charles Harris QC, Cannabis, ASBO
This work is licensed under a Creative Commons Attribution 2.5 License.
This work is licensed under a Creative Commons Attribution 2.5 License.
