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judge is at it again Posted: Wed Dec 22, 2004 9:10 am
Quote:
JAIL FOR METHVEN CANNABIS GROWER
A Methven man found cultivating cannabis with an estimated street value of between $21,000 and $27,000 was sentenced to 12 months' imprisonment yesterday.
Richard Peter Womersley, 21, a labourer, now residing in Rai Valley north-east of Nelson, appeared for sentencing in Timaru District Court on a variety of cannabis-related charges and possession of a firearm without a licence.
Womersley's property in Methven was searched by police in November. They found 62 cannabis plants growing in individual pots in a spare room, all about 60cm in height.
Fluorescent lights were in place and were operated by a timer. The windows were covered by black polythene and a dehumidifier was in the room. There was also a quantity of plant foods.
In the defendant's bedroom police found a pump-action shotgun and 17 shotgun shells. Outside the house were 24 cannabis plants, described as seedlings.
Womersley claimed all of the cannabis was for his own use as he personally smoked about half an ounce a week.
Defence counsel Raoul Neave said Womersley was "in the grips of a significant cannabis addiction" which he was trying to bring under control. Mr Neave also said his client suffered from significant health problems.
Crown prosecutor Ian Murray said all the hallmarks of a commercial operation were present as the potential yield was far too much for the defendant to use himself.
Judge David Holderness said he found it difficult to accept the plants and seedlings were all for Womersley's own use although medical reports suggested a degree of self-medication was involved.
Given Womersley was a first offender and taking into account his medical background he was granted leave to apply for home detention.
Having jailed medical marijuana user Neville Yates 5 weeks ago, Judge David Holderness is at it again. May he burn until he changes his ways!
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MAP posted-by: Tom Smith
Although I feel he shouldn't be penalised for having the weed, claiming that it is entirely for personal use when nailed with 62 plants is pushing the limits.
His growing techniques must be absolutely terrible if he smokes a half ounce a week and has to have 62 plants harvested every 3 months to have enough weed. Even if he was growing a top end strain like Train Wreck with yields of 3oz per plant, he would still be averaging a harvest of 250 ounces every three months. Thats being very favourable, and with mothers/clones in various states of veg you wouldn't yield that much, but even dropping the yield off by a factor of 5 and only harvested the best females. He still doesn't need 50 ounces if its for personal use.
If you want to have the law changed, don't go overboard and be aggressively criminal in the first place. Growing weed for personal use is one thing, when you are growing weed for commercial sale, you should realise that you are changing your tack and moving away from the personal use defense.
If I was a judge in court today and someone was in my dock after being arrested with that many plants, and then claimed it was personal use I would throw the book at them. I would be more lenient if they said 'Yeah, I grew some more so that my friends could all have it too.'
That case is just bullshit, 'the grips of serious cannabis addiction'. There is no such thing as an addiction to cannabis. Oh sure you might like getting high a heck of a lot, but you don't need it to live. And smoking a 1/2 o a week is not serious anyhow. I have smoked a 1/2 o in 3 hours, and used to average an o a week.
I have no sympathy for the dude, and actually agree with the judge on this one. His penalty is actually fairly lenient if he is being allowed home detention. Looking at his defensem He knew the risks, took them and slipped up.
I do feel sorry for Neville Yates, but this one just reeks of hypocrisy on the part of the accused.
he is using fluoro's after all. 21-27g street value roughly estimates to around dried plant matter of about 3-5 pounds. 1-2 lbs MAX of beneficial stuff. 1kg/62 plants = ~ 16 grams, or 1/2 or per plant. If he is using fluro's, he definitely has really green thumbs. there is no mention of weighed "buds" so the term plant matter could possibly include leaves, stem and roots as well. Well, I 'm making my best guess here.
He gets 12 mths for being a "cannabis grower". any responsible editor should have amended the headline to "cannabis grower with unlicensed firearm at his premises". What sort of penalty does the latter carry anyway?
He made the right choice to admit to overuse. Sharing with friends might be construed as "an (albeit altruistic) intent or act of distribution". Cultivation and cultivation with intent to distribute - two very different charges, my friend. I dont think you can get a summary conviction for cultivation with intent. Ill chech para 6 again later.
where could you find trainwreck in NZ anyway? As far as I know, you got to have really good connections in Humboldt to get original trainwreck cuttings,man.
where could you find trainwreck in NZ anyway? As far as I know, you got to have really good connections in Humboldt to get original trainwreck cuttings,man.
Really good connections in Humboldt = Blood relative. I wish I had one of those. 400 dollar pounds of indoors.
I was only using Trainwreck as an example, not actually saying that it was here in NZ. I would be interested in a link if someone had one for Trainwreck seeds too.
The police "estimates" in this example are a complete fabrication and the guy got screwed.
If that fellow was able to grow a pound of bud under ( how many ? ) flouro's then I'll go outside and count the flying pigs .
Presuming he's in dirt ( and I bet he was if he was using flouro's ) and he's able to get .6 grm per watt then he'd need 750 watts of flouro's or about 37 tubes.
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