Tuesday 3 February 2015

Misinformation: Portsmouth cannabis grower told police he was exercising his Magna Carta rights

In Common Law the question is whether or not the accussed person has done any wrong or harm to others or their property:  if they are found guilty they are deemed to have committed a "crime".

Other laws that have been and are being made by Parliament are statutes - subject to the political whim of the time and changeable: doing something against those laws, which mostly do not have what one could call a victim except the statue itself, are OFFENCES, not crimes.

The cultivation of cannabis within one's own home for one's own use, not involving others and not having a victim, banned under statute, is certainly an offence brought about by political whim, and, incidentally, undergoing change throughout the world.

 Here we have the case of a man basically sent to prison for disobeying statute, a man through his so-called offence has done no harm and who was in fact using it only for his personal benefit, being sent to prison.

In addition, we have Human Rights and one of those is the right to a private life.  The Bill is quite specific on this: authority must be able to justify interfering with a Private Life - there must be a threat to public health, public order, the Rights of others or national security.

In this case there was no threat and the authorities acted without good reason thereby themselves being guilty of breaking a law - and there is a victim.

"But Judge Crabtree added Dixon committed the second offence while on bail.
"He said: ‘It’s shows a disregard for the law.’"

No, your Honour, that was disregard for STATUTE - a law made my politicians - it shows disregard for political opinion - and neither is holding such statue in disregard o crime.

In the not-too-distant future people will look back at these cases and see nothing but injustice brought about by state employees to enforce statutes created by politicians.

If there is no victim, there cannot be a crime.

Portsmouth cannabis grower told police he was exercising his Magna Carta rights

Feb 3 2015, The News, Portsmouth UK

A MAN caught twice growing cannabis at his home told police and a judge he was a freeman of the land not bound by common law.
Portsmouth Crown Court heard the Southsea home of Niall Dixon was raided by police who found 65 plants growing in 2013.
The court heard that during a second raid in January last year officers found two plants in a growing tent, one in his conservatory and some dried cannabis.
Prosecutor Nicholas Hall said Dixon had told police that through Magna Carta he was exercising ‘his right granted by god to consume any plants that he chose to do and therefore the inapplication to him of this legislation’.
The court heard Dixon, 43, used the cannabis in juice form for medical conditions he suffered, including anxiety.
Judge Peter Dixon Crabtree sentenced Dixon to eight months in prison for the first offence and one month concurrent for the second.
He gave no extra punishment for the possession charge.
Judge Crabtree said: ‘You profess to be a freeman of the land not bound by common law.
‘I’ve no doubt that you hold the beliefs you espouse and do so genuinely.
‘In court that’s not led to any difficulties. You have conducted yourself well.’
But Judge Crabtree added Dixon committed the second offence while on bail.
He said: ‘It’s shows a disregard for the law.’
The court also heard Dixon, of Devonshire Avenue, shared the drug with friends – but only when they asked him to do so.
Judge Crabtree added: ‘He provided his friends with cannabis if they visited and wanted to use that drug but not on a commercial basis.
‘It’s accepted by the crown that the cannabis found was for personal use.
Unemployed Dixon admitted one count of cultivation of a Class B drug in relation to the first raid, another count of the same charge and one of possession.
The court heard he spent around £1,000 setting up his growing operation and officers had found the plants on the ground floor and basement in the first raid.
He had grown tomatoes and other plants alongside the cannabis in a growing tent, Judge Crabtree added.
Hannah Evans, defending, said Dixon told her his drug use had significantly reduced.
She added: ‘Niall has very firm views as to what his rights are and his position on what the role of the law is.’

 


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