UK - Proceeds of crime fine for saving through home growing of cannabis

[Pondlife]

On the face of it this appears to be just another small-scale cannabis cultivation bust. However the following bit caught my eye:

On that occasion a hearing under the Proceeds of Crime Act was adjourned for an investigation to be carried out into his finances.

And at the resumed hearing prosecutor Nigel Stelling suggested that the amount Andrews saved by not having to buy cannabis from dealers should be taken into account in working out his 'benefit' from the offence.

So the prosecutor wanted to fine the defendant the amount that he saved by not having to buy his dope from dealers? That's just mind boggling.

http://www.rugbytoday.co.uk/news/Dop...for.3192519.jp

Dope plants were grown for husband and wife to smoke

A RUGBY man who converted his shed so he could grow cannabis for himself and his wife to smoke has been ordered to pay almost £1,400 as the proceeds of his crime.

Phillip Andrews, 41, of Copeland, Brownsover, Rugby, had pleaded guilty at Warwick Crown Court to producing a total of 36 cannabis plants.

He was sentenced in December last year to nine months in prison suspended for two years, with 12 months supervision, and was ordered to pay £120 costs.

On that occasion a hearing under the Proceeds of Crime Act was adjourned for an investigation to be carried out into his finances.

And at the resumed hearing prosecutor Nigel Stelling suggested that the amount Andrews saved by not having to buy cannabis from dealers should be taken into account in working out his 'benefit' from the offence.

But following an adjournment for discussions with the defence, he said the agreed benefit to Andrews was £1,396 based on the cost of the hydroponic equipment he had bought and the electricity he used to grow the plants.

Mr. Stelling pointed out that that the 'available assets' totalled £6,449 – but because that was jointly held by Andrews and his partner the figure should be halved,
which still amounted to more than his agreed benefit.

So Judge Charles Harris QC ordered that £1,396 should be confiscated from Andrews, who will face 45 days in prison in default of payment.

During the original hearing the court was told that in July last year the police went to Andrews' home, where he lives with his wife and two step-children, with a search warrant.

They found a total of 36 cannabis plants in various stages of growth.

The shed itself had been fitted with a transparent roof, and inside there was a large amount of hydroponic growing equipment, including lamps, fans and air and water pumps, which Andrews said he had bought for £4-500.

When he was arrested Andrews said he was growing the cannabis for personal use, and that he and his wife would smoke it.

The Judge at that hearing ordered that all of the growing equipment from the shed should be confiscated.

Last Updated: 11 September 2007 7:37 PM