Pubdate: Thu, 28 Mar 2002
Source: Otago Daily Times (New Zealand)
Copyright: Allied Press Limited, 2002
Contact:  http://www2.odt.co.nz
Details: http://www.mapinc.org/media/925

A MOSGIEL PARAPLEGIC HAS BEEN JAILED FOR OPPOSING THE CANNABIS LAWS.

Dunedin District Court

The protest was "hollow" but one the defendant was certainly entitled to 
make, Judge Robert Spear said in the Dunedin District Court yesterday 
sentencing Scott David Findlay (26), ACC recipient, to three months jail.

He did not want to impose imprisonment, the judge said. However, Findlay 
had forced him along that track.

"I would prefer a community-based sentence," he told Findlay. "But you will 
not accept that."

Findlay had been convicted of four charges arising from a police search of 
his address on January 16, the judge having found the charges proved at a 
hearing where Findlay, representing himself, challenged the validity of the 
search warrant and search.

The search revealed nine cannabis plants, 115g of cannabis, 184 cannabis 
seeds, and utensils used for smoking cannabis.

The resulting charges against Findlay were cultivating cannabis, between 
last December 1 and January 16, possessing cannabis, possessing cannabis 
seeds, and possessing utensils.

Eight of the plants varied in height from seedling size to 30cm. The other 
was tied down and being grown along the ground.

To the probation officer, and at sentencing, Findlay indicated he neither 
accepted nor recognised the cannabis legislation. He did not feel he should 
accept punishment for the charges, he stated.

Judge Spear said the offences would usually attract a significant sentence 
of periodic detention. But because Findlay was a paraplegic he was prepared 
to consider community service. Findlay was unable to do periodic detention, 
and not in a position to pay a fine of the level that would be imposed.

However, Findlay confirmed he did not recognise the cannabis law and would 
not carry out community service.

"It is entirely for you to decide whether or not you comply with the law. 
But if you breach it, you must accept any criminal sanction for that 
offending," the judge told Findlay.

"While you may well feel you are martyring yourself for some cause, I can 
tell you it is a fruitless exercise."

Others had objected in the same way and the law remained the same, the 
judge said.

For cultivation, Findlay was jailed for three months. On the other charges 
there were concurrent 1-month prison terms.

The judge granted leave to apply for home detention, "reluctantly because 
this offending occurred in your home," but said he hoped any such leave 
would be conditional on Findlay being cannabis-free.
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MAP posted-by: Jay Bergstrom