On Jun 25, 9:55 am, Dr John Watson <drj...@[EMAIL PROTECTED]
>
wrote:
> If the offence was "unknown to law", why did the CPS prosecute? Why did
> the defence not get the charge struck out? How many other people are in
> jail for breaking no laws?
>
> BREAKING NEWS: Three cleared of Derby shop cannabis offences
>
> TWO businessmen and an employee who were found guilty of selling
equipment
> to cannabis growers from a shop in Derby today had their convictions
> overturned by the country's top judge at the Court of Appeal.
>
> The Lord Chief Justice, Lord Phillips, ruled that the offences of
> conspiracy to aid and abet and counsel the production of cannabis were
> "unknown to law" and had to be quashed.
>
> At Derby Crown Court in January, David Kenning, 36, of Brook Street,
> Loughborough, was jailed for 21 months for conspiracy to aid and abet,
> while his employee, Paul Blackshaw, 33, of Barley Close, Little Eaton,
> received a suspended sentence for the same offence and conspiracy to
> counsel - or advise - the production of the drug.
>
> Mr Kenning's business partner, Paul Fenwick, 46, of Ling Dale, East
> Goscote, near Leicester, was jailed for three years for conspiracy to
aid
> and abet and counsel production, possession of the drug himself with
> intent to supply, and possession of a firearm.
>
> Today, Mr Kenning and Mr Blackshaw had their names completely cleared at
> the Court of Appeal in London and were beginning to put their lives back
> together.
>
> But Fenwick, whilst cleared of the aiding, abetting and counselling
> charges, potentially faces another two months behind bars, as he still
has
> time to serve on his sentences for the drugs possession and firearm
> offences.
>
> It was the prosecution case at their trial that Mr Kenning and Fenwick,
> trading through their Derby-based hydroponics firm, supplied equipment
to
> cannabis growers, reasonably foreseeing that the items would be used
> illegally.
>
> Fenwick and Mr Blackshaw, a shop assistant at their centre, had also
> provided advice to undercover police officers about producing cannabis
and
> how to avoid detection, prosecutors said.
>
> Police later found a large quantity of the flowering tops of cannabis
> plants at Fenwick's home. He claimed the drugs were for his own use, but
> this was disbelieved by the jury.
>
> Today, lawyers representing all three men argued that their convictions
> were wrong, as the offences they had been charged with did not exist.
>
> In order to convict a defendant of conspiracy to aid and abet or counsel
> the commission of an offence, the jury would have to be sure that the
end
> offence actually occurred.
>
> The trial judge had been wrong in directing the jury that the offence
> could be committed even when the end offence could not be shown to have
> happened.
>
> Allowing their appeals, Lord Phillips said that, in order for the
offence
> to be committed, the two elements of aiding and abetting and the actual
> end offence itself had to be present.
>
> "There can be no conviction for aiding and abetting, counselling or
> procuring, unless the offence is shown to have occurred.
>
> "It is not an offence to attempt to aid and abet, counsel or procure the
> commission of an offence," he said.
>
> After upholding Fenwick's conviction for possession of cannabis with
> intent to supply, the judge declined to reduce his sentence to allow him
> to walk free today.
>
> He will now be sent back to prison, but could be released soon under the
> electronic tagging scheme.
>
> http://www.thisisderby****re.co.uk/news/BREAKING-NEWS-cleared-Derby-sh...
>
> --
> Dr John Watson
> Baker Street
"Incitement to participate in illegal activities".
It nearly worked for Ore (well, did in some cases).
WM
www.critest.com
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