South Woodham Ferrers man who grew cannabis to stop headaches spared jail
A MAN who was found to be growing 53 cannabis plants after neighbours alerted police to the smell has avoided a prison sentence.
A MAN who was found to be growing 53 cannabis plants after neighbours alerted police to the smell has avoided a prison sentence.
James Webber, 32, from Hullbridge Road, South Woodham Ferrers, pleaded guilty at Chelmsford Crown Court to the production of the illegal plants in the loft and kitchen at his home.
The court heard how Webber, an engineer who studied the building of timber-framed structures at university, had begun using the drug after medication he was using for "serious headaches" led to insomnia.
"He had been suffering from a head condition," said Howard Godfrey QC, representing Webber. "He was consuming a considerable amount of medication and they had some side effects meaning that he has not been able to sleep for years.
"He knows now that he has got to stop. This isn't going to happen again."
On April 4 this year, police visited Webber's home after complaints from neighbours about the smell coming from the property.
On arrival, they found 27 plants in the loft that were 3.5ft tall with another 28 plants between 4in and 8in in a cupboard in the downstairs kitchen, along with some herbal cannabis in jars.
The 2.583kg yield, according to Detective Constable Stewart Roberts, could have fetched up to £11,925.
Mr Godfrey said that there was no evidence how many of the plants were female and therefore able to produce herbal cannabis.
Juliet Donovan, prosecuting, said: "There was no indication that he was living beyond his means or having any particular lifestyle change."
Webber pleaded guilty at the first opportunity in July.
"He studied for a long time and was not able to give it up or afford to buy it," said Ms Donovan. "He found some seeds in a bag and he said he managed to germinate them. The reason he said that he had so many was that if some died then he had others to fall back on."
The court on Thursday last week heard Webber fell into arrears on his mortgage, had three County Court Judgements against his name and was having some success sleeping with new medication.
Sentencing him to a 12-month community order, with a £60 surcharge, Judge Patricia Lynch QC told Webber: "I accept that all 53 plants were for your own personal use, supported by a medical report.
"You had a long-term medical condition and this is the reason for you using cannabis. You appeared to be a very desperate man with very serious headaches," she added.
"I don't believe it will do anyone any good sending you into custody."
She ordered the plants to be destroyed.
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