Tags:
Jonathan Yates, 65, whose throat has been terribly injured by chemo for tongue cancer, says cannabis is the only effective medication he can find
The court today refused to jail a cancer victim who's 2 times been busted growing weed - stating he'd 'not be prepared to live with himself' in the event that he locked him up.
Despite the fact that he was caught cultivating the drug in 2011 he went on growing it in his home in Brockworth, Gloucester, and also was arrested once more in April .
He pleaded guilty at Gloucester crown court today to producing 36 plants in his home and also to supplying some to his lodger.
Yet after hearing of his circumstances Judge William Hart refused to jail him - or simply pass a suspended sentence.
"You realize that commonly a custodial sentence would be considered and can even be unavoidable for this sort of offence but I wouldn't be able to live with myself if I sent you to jail," claimed the judge.
"That would certainly express absolutely no humanity or even consideration and it would be a miserable day if these courts lost perception of humanity and compassion when it's suitable."
The judge offered Yates, a property letting agent, a 12 months conditional release.
But he explained his conclusion must not be seen as a green light for other people to grow cannabis with impunity. It had been an exceptional sentence for a guy in 'grave circumstances,' he stated.
"Yours is really a wholly exceptional set of situations and you've got my sincere sympathy for your position," explained Judge Hart.
Outside court Mr Yates, a parent of two and also grandaddy of 4 that talks having a husky, croaky voice because of his illness, described the judge being a 'fabulous man.'
He told how he'd recently been reacting terribly to morphine with regards to his throat pain just after radiotherapy in 2011 and then tried marijuana and found it much better and also with out side effects.
Numerous countries have legalised it, particularly for medical use, and it is time the UK did the exact same, he stated.
Simply click here for more information on marijuana seeds.
Mr Yates has lost his sense of taste and smell and cannot eat solids due to his health problems.
Prosecutor Janine Wood informed the court police raided Yates' residence on 9th April and discovered Thirty six cannabis plants growing in a bedroom. It was believed they might have made between £10,040 and £30,240 worth of the drug.
Yates advised police it was for his own use as well as the only other person who knew about it or even used any was his lodger, Anthony Young.
On 10th July 2012 Yates had been administered a six months conditional discharge with regard to his 1st offense or producing marijuana, she added.
Joe Maloney, defending, advised the court "This is a guy who's very, very ill indeed. The only thing he has found that ameliorates his pain is weed.
"He has already been prescribed morphine during the past nonetheless it has caused him a variety of difficulties. Pain relief is actually all he is serious about and for that pot appears to assist him.
"This is a man who's crictally ill, who is in considerable pain and discomfort. He acquired cannabis seeds that had been presented to him by his sister so he could aid his suffering himself without having to depend on drugs dealers and the illicit drug market.
"He is actually looking to self medicate with an illegal substance. He is aware that it is against the law. But it's the one thing which will help with his pain."
Mr Maloney went on "He accepts he has done this before...." and the judge intervened "And will perform it again in all probability! He has more significant things to worry about than respecting what the law states, I suspect."
Mr Maloney stated the fact for Yates is that if he can not grow his own supply he'll almost certainly need to be involved in a 'murky world' of street dealers - "which frightens him being a Sixty five yr old man who's not who isn't streetwise."
He continued "The law prevents him developing pot for mecical relief and that's the legislation. We are bound to it and he is stuck with it. "
Passing sentence Judge Hart informed Yates "You happen to be hurting for some time now with an extremely severe cancer and you will have gone through treatment that has been, I know, really uncomfortable and very unpleasant. The prognosis for you is bleak.
"You find some peace of mind in the consumption of marijuana. You drink whiskey and you also find comfort in that. The pain relief provided by doctors does not offer you what you need.
"Somebody in your situation is very different to the most common defendant who comes before this court faced with this offence."
The judge ordered destruction of the growing marijuana and all Yates' drug developing devices -- although allowed him to keep the box in which the devices was stored after Yates claimed it has great sentimental value because it belonged to his dad who died when he was two and a half.
Right after the hearing Mr Yates explained he would have been embarrassed if he had been jailed as he would've felt he was letting down his Twenty year-old student daughter, who has been a great help to him. Also, he has a son aged 39.
"Obviously I know that cannabis is against the law in this country at the moment," he stated. "But it's not necessary to look far around the world to discover places where it is legal - 11 States in the usa, South Africa, Brazil, some parts of Australia, Holland, Turkey. All of them allow cultivating of marijuana for its medical qualities."
He explained his radiation treatment in 2011 had decreased the tumor so that he is now in remission nevertheless it had left him without a feeling of taste or even smell as well as without the ability to produce spit. He continuously must drink water and make use of a man-made spit spray.
Nor is he able to chew or even swallow food and is fed through a tube directly into his stomach.
It is the agony in his throat at the bottom of his tongue that a nighttime smoke of 3-4 joints of marijuana minimizes so effectively he explained.