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-shop-cannabis-offences/article-196771-detail/article.html
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Dr John Watson
Baker Street
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