The court heard appeals against sentence for small scale production of cannabis.
Held: The court considered the use to which the product of cultivation was to be put. Hughes LJ observed: ‘The proper inference as to what the cultivation entailed and what would be likely to happen to the product depends on the facts of each case. In most cases, and not only where the plants have not as yet been harvested, it will not be possible to frame a count of possession of identified material with intent to supply.’ In most cases of production the intended use of the product of cultivation is a matter to be taken into account in sentencing for the offence of production and that a separate charge of possession with intention to supply will not lie.
Judges:
Hughes VP LJ, Eady, Rafferty JJ
Citations:
[2011] EWCA Crim 76, [2011] Crim LR 406, [2011] 2 Cr App Rep (S) 75
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Wright, Regina v CACD 5-May-2011
Young Cannabis plants found possession, not supply
The defendant appealed against his conviction for growing cannabis with intent to supply. He was found to have 35 plants and appropriate equipment for preparing the produce for division and supply. He said that since the plants had no flowering . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 26 March 2022; Ref: scu.428420
