Thursday, 19 February 2015
Sentencing Guidelines for Cultivation of Cannabis, Growing a Class B Drug in the UK
This is a basic sentencing guideline for if you are caught growing cannabis and are summoned to appear in a UK Court.
Cannabis is otherwise known as marijuana, hashish, puff, weed, skunk, sensimelia, pot, soap, ganja and many more - all Class B Drugs Category.
Step 1 - Determine the offender's role then the category of harm.
The offender's role
Leading role: Plays a leading position in organizing production, links to and influence on others, substantial financial gain uses fake business and abuses position of trust.
Significant role: Person Involved in operations at management level by pressure, intimidation or reward and motivated by finance with some awareness of the commercial scale.
Lesser role: Person performs limited functions, engaged by pressure or intimidation, through naivety, no influence on others and very little awareness of commercial scale. If own operation, solely for personal use (considering reasonableness in circumstances)
The category of harm for Cannabis
You will be in category 1 if your operation is considered capable of producing industrial quantities for commercial distribution. E.g. a factory, farming size greenhouses or houses dedicated to the growing of cannabis. Look for 'gardeners exploited and trapped in the set up, and networked operation cultivating cannabis over various sites'.
You will be in category 2 if your operation is capable of producing significant quantities for commercial use. It is easy to identify the smaller operations that fall into category 2; they will be a room or loft dedicated to the growing and drying of cannabis; more 'cottage industry' than 'factory.' What is not so easy is to distinguish top end category 2 from a category 1 case; the only difference between the 2 categories is category 1 is defined as the production of 'industrial' quantities as opposed to 'significant' quantities in category 2.
So long as your operation is 28 plants or less with an assumed yield of 40g per plant you will be in category 3.
9 plants or less is considered a domestic operation.
It is worth noting that the guideline assumes a yield of 40g a plant. Up to now a plants yield has often been in issue; it may be that the guideline assumption of 40g a plant will become the standard projection in calculating a plants yield.
Step 2 - sentencing range guidelines for Cannabis Class B
Leading role: Starting Point: 8 yrs Category Range: 7-10 yrs
Significant role: Starting Point: 5 yrs Category Range: 5-7 yrs
Lesser role: Starting Point: 3 yrs Category Range: 2-5 yrs
Leading role: Starting Point: 6 yrs Category Range: 4-8 yrs
Significant role: Starting Point: 4 yrs Category Range: 2-5yrs
Lesser role: Starting Point: 1 yr Category Range: 26w-3 yrs
Leading role: Starting Point: 4 yrs Category Range: 2-5 yrs
Significant role: Starting Point: 1 yr Category Range: 26w-3 yrs
Lesser role: Starting Point: Community Service Category Range: Community Service - 26wk
Leading role: Starting Point: 1 yr Category Range: Community Service - 3 yrs
Significant role Starting Point: Community Service Category Range: Community Service - 26 wk
Lesser role: Starting Point: Band C fine Category Range: Discharge - Community Service
The sentencing starting point is adjusted up or down by a list of additional aggravating and mitigating factors set out in the guideline. Described as a non exhaustive list it may on occasion be appropriate to move outside the identified category range.
Aggravating Features – Will increase your Sentence if applicable
At this point the prosecution will look at facts surrounding your case and increase your sentence if any of the following conditions apply.
Aggravating factors including previous convictions, Offense committed on bail, likeliness of supply, use of unlawful electricity, evidence of previous growing, attempts to conceal or dispose of evidence, presence of others especially children, presence of weapons, high potential yield or purity, community impact and breaches of current convictions or license.
Mitigating Features – Will decrease your sentence if applicable
Mitigating features will be looked at to determine if you are of good character and there were circumstances to which you should receive credit.
This will including looking at if there is evidence of involvement due to pressure or naivety, supply of a drug you are addicted to helps, Mistaken involvement in own actions, weather it is an isolated incident (will not happen again), Low purity, no previous convictions or nothing relevant, offenders vulnerability, remorse for your offense, good character such as owning a business or showing good character in court, steps taken to change (help with addiction), lack of maturity (if you are under 18), mental disorder or learning disability and if you are the sole or primary carer looking after someone else.
Consider factors which indicate a reduction such as assistance to the prosecution
Reduction for guilty plea
Increase if more than one offense or the offender is already serving.
Confiscation and ancillary orders; including POCA, forfeiture orders and destruction orders
Reasons explanation for sentence – extenuating circumstances count
Consider time spent on remand in custody or bail.
Posted by justfeminized at 08:51