Smokin Moose
Fallen Cannabis Warrior & Ex Moderator
My first bust some years ago saw me in court charged with possession of cannabis and possession of cannabis for supply. I had been caught with 7 healthy plants in veg that came to a weight of 6 and1/2 kilos. The supply charge was a default charge because I had over the amount considered personal use. I plead guilty to the possess charge and not guilty to the supply charge. All seemed to be going well until the judge stuck his beak in and asked me "would you have shared any of the cannabis with your wife if you had not been caught and the plants had finished flowering?". I was young and naive and told the judge "Your honour, if my wife asked me I most likely would, but I doubt that would be the case as she is pregnant".
On the basis of this hypothetical question and answer scenario, the judge found me guilty and convicted me of possession for supply.
The good news was that I got myself a good laywer and appealed the conviction for supply in the supreme court and was found not guilty. The judge in the supreme court commented that the judge in the lower court should have stuck to the facts as presented, rather than wasting everybodies time by gazing into his crystal ball!
The lesson for me out of this was to have had a good lawyer in the first place and kept my mouth shut. Still, I don't know of too many other people who have been convicted on the basis of a hypothetical situation.
On the basis of this hypothetical question and answer scenario, the judge found me guilty and convicted me of possession for supply.
The good news was that I got myself a good laywer and appealed the conviction for supply in the supreme court and was found not guilty. The judge in the supreme court commented that the judge in the lower court should have stuck to the facts as presented, rather than wasting everybodies time by gazing into his crystal ball!
The lesson for me out of this was to have had a good lawyer in the first place and kept my mouth shut. Still, I don't know of too many other people who have been convicted on the basis of a hypothetical situation.
