Kevin Mitchell in Drugs bust - allegedly

[Dan Dares]

Smoking ganja and fighting don't mix...someone should let him.know

If he's caught growing it, doesn't mean he's smoking it.

Not that we know he's been caught growing it, lest we forget!

[mickey1975]

Smoking ganja and fighting don't mix...someone should let him.know

If he's caught growing it, doesn't mean he's smoking it.

It would look a lot worse in court if you were not smoking it.

[tear up]

plenty of fighter get caught up in shit like this some times nothing to do with them hope its that way for kev great guy and i read somethink about him before he was on about i bought this finks abroad we chill there i might b gettin my wires crossed ere as i thought to myself wow somethink iv always wanted were has his hard earned money gone if thats his mam s house and he hasnt no money guy wants a slap boxing doesnt last for ever can b over in 1 fight of you wake up one morning and your old to old to do it again but hope this guy is innocent and keeps on track for murray doesnt want this hangin over his head as murray will dust him early

[don't call it a comeback]

Cultivation of cannabis
Date Produced: 25 February 2009
Title: Drugs
Offence: Cultivation of Cannabis
Legislation: Section 6 Misuse of Drugs Act 1971
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 14 years


Aggravating & Mitigating Factors
Commercial, sophistication, scale, level of involvement. Use of drug for medical condition. Original planting carried out by others. Relevant Sentencing Guidelines
R v Xiong (or Xu) [2007] EWCA 3129
The Court of Appeal gave an indication of sentencing brackets in the sentencing of "gardeners" in the commercial cultivation of cannabis.

The Court specifically stated it did not intend to lay down guidelines.


The Court recognised the increasing problem of sophisticated operations involving the cultivation of skunk.


Lowest level involvement should attract 3 years.


Setting up and controlling individual organisations, the starting point should be 6-7 years.


Managers should attract 3-7 years depending on the level of involvement and value of cannabis produced.


Deterrent sentences would be appropriate for offenders with greater involvement to reflect the fact that they stand to make a substantial profit from the offending.

[tear up]

Cultivation of cannabis
Date Produced: 25 February 2009
Title: Drugs
Offence: Cultivation of Cannabis
Legislation: Section 6 Misuse of Drugs Act 1971
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 14 years


Aggravating & Mitigating Factors
Commercial, sophistication, scale, level of involvement. Use of drug for medical condition. Original planting carried out by others. Relevant Sentencing Guidelines
R v Xiong (or Xu) [2007] EWCA 3129
The Court of Appeal gave an indication of sentencing brackets in the sentencing of "gardeners" in the commercial cultivation of cannabis.

The Court specifically stated it did not intend to lay down guidelines.


The Court recognised the increasing problem of sophisticated operations involving the cultivation of skunk.


Lowest level involvement should attract 3 years.


Setting up and controlling individual organisations, the starting point should be 6-7 years.


Managers should attract 3-7 years depending on the level of involvement and value of cannabis produced.


Deterrent sentences would be appropriate for offenders with greater involvement to reflect the fact that they stand to make a substantial profit from the offending.

you a cop

[CB]

Smoking ganja and fighting don't mix...someone should let him.know

If he's caught growing it, doesn't mean he's smoking it.

It would look a lot worse in court if you were not smoking it.

I wouldn't imagine him admitting in court he didn't smoke it and was just growing it to sell.

Not automatic jail either.

[MightyWarrior]

Smoking ganja and fighting don't mix...someone should let him.know

Exactly. It's like that sprinter who tested positive for cannabis - the starter gun went off and he stayed on the line, staring in confusion as the competition sprinted off - all he said was "Hey guys where are you going, wait for me!! If you're going to the garage can you get me a bounty ?"

[whiskey]

Smoking ganja and fighting don't mix...someone should let him.know

Exactly. It's like that sprinter who tested positive for cannabis - the starter gun went off and he stayed on the line, staring in confusion as the competition sprinted off - all he said was "Hey guys where are you going, wait for me!! If you're going to the garage can you get me a bounty ?"

Bounty?

I always went nuts for the Mr Kipling apple pies with a custard filling.

[hurlock]

i think every other house in the street around dagenham & upminster has flowers in the attic D

so many fighters go down the scummy route because they are to lazy to get up & go work. it shows lack of pride imo.its easy money making money off others misery.

[dondada]

Hear it is still full steam ahead as far as Murray fight goes.

Not that I doubt you at all but I just can't see it.

All that promotion would be predicated on the outcome of a hearing on June 10th.

[charlieb]

'Cannabis farm'. I bet it was just a few plants.

[don't call it a comeback]

If he's caught growing it, doesn't mean he's smoking it.

It would look a lot worse in court if you were not smoking it.

I wouldn't imagine him admitting in court he didn't smoke it and was just growing it to sell.

Not automatic jail either.

Growing for personal use would normally be 6 to 12 months for a few dozen plants.

[Counter-puncher]

My sympathy is reserved for John Murray, just as he walks away from a Rees fight and dumps his belt, his dance partner gets caught up in this lot.

As a selfish boxing fan, i hope it unfolds that Mitchell is innocent of the charges and the fight goes ahead. But that is a really optimistic view of the events unfolding it would seem !

good points

[charlieb]

It would look a lot worse in court if you were not smoking it.

I wouldn't imagine him admitting in court he didn't smoke it and was just growing it to sell.

Not automatic jail either.

Growing for personal use would normally be 6 to 12 months for a few dozen plants.

A few dozen plants is not percy use.

[don't call it a comeback]

I wouldn't imagine him admitting in court he didn't smoke it and was just growing it to sell.

Not automatic jail either.

Growing for personal use would normally be 6 to 12 months for a few dozen plants.

A few dozen plants is not percy use.

At that level you could plead that it was for personal not commerical production and might get a smaller sentence.

The guidelines on sentencing for cultivation of cannabis have been tightened up.

Jail is almost inevitable if you are the lead culprit - significant commercial scale would be at least 12 months.

[palooka]

He won't have his mum take the charge, surely?

[Final round]

Smoking ganja and fighting don't mix...someone should let him.know

Exactly. It's like that sprinter who tested positive for cannabis - the starter gun went off and he stayed on the line, staring in confusion as the competition sprinted off - all he said was "Hey guys where are you going, wait for me!! If you're going to the garage can you get me a bounty ?"

:lol I can't imagine being stoned helps give you any competitive edge apart from who can skin up the biggest spliff.

[SteveDow]

Mitchell will be facing a custodial sentence here for sure as even if his mother takes the rap, if it is proven that he assisted in any way then the courts will throw the book at him. Depending on the quantities involved the sentence may effectively finish his career as I'd imagine it would be a heavy one.

Different type of scenario but one only has to look at Mark Ward (ex footballer) who merely rented out a house in his name which was subsequently used to store and manufacture cocaine (of which he had no involvement) and he was given 8 years in jail.

[JC]

Different type of scenario but one only has to look at Mark Ward (ex footballer) who merely rented out a house in his name which was subsequently used to store and manufacture cocaine (of which he had no involvement) and he was given 8 years in jail.

Did he have no knowledge of it either? If that's the case then it seems very harsh, if it had been a council flat the council would not have been held liable would they?

[charlieb]

Growing for personal use would normally be 6 to 12 months for a few dozen plants.

A few dozen plants is not percy use.

At that level you could plead that it was for personal not commerical production and might get a smaller sentence.


The guidelines on sentencing for cultivation of cannabis have been tightened up.

Jail is almost inevitable if you are the lead culprit - significant commercial scale would be at least 12 months.

It used to be 10 plants max for percy and it's now around 4 with the guideline changes.

[palooka]

Mitchell will be facing a custodial sentence here for sure as even if his mother takes the rap, if it is proven that he assisted in any way then the courts will throw the book at him. Depending on the quantities involved the sentence may effectively finish his career as I'd imagine it would be a heavy one.

Different type of scenario but one only has to look at Mark Ward (ex footballer) who merely rented out a house in his name which was subsequently used to store and manufacture cocaine (of which he had no involvement) and he was given 8 years in jail.

There was 4 kilo of cocaine in the house though mate and he pleaded guilty to being involved.

[don't call it a comeback]

A few dozen plants is not percy use.

At that level you could plead that it was for personal not commerical production and might get a smaller sentence.


The guidelines on sentencing for cultivation of cannabis have been tightened up.

Jail is almost inevitable if you are the lead culprit - significant commercial scale would be at least 12 months.

It used to be 10 plants max for percy and it's now around 4 with the guideline changes.

We're talking about mitigation.

Relevant Sentencing Case Law
Herridge [2006]1 Cr App R (S) 252
52 plants at home. Personal use. G plea. 6 months prison. This case also recognises the reduction in penalty for possession of cannabis by its reclassification as a Class C drug.

Booth [1997] 2 Cr App R (S) 67
8-10kg per annum production. 4 years prison

Jubb [2002] 2 Cr App R (S) 8
D was sole lessee of industrial unit which contained a sophisticated system for the cultivation of cannabis. 705 plants. Potential income £190k. G plea but D denied being a principal in the enterprise. 5 years.

[palooka]

At that level you could plead that it was for personal not commerical production and might get a smaller sentence.


The guidelines on sentencing for cultivation of cannabis have been tightened up.

Jail is almost inevitable if you are the lead culprit - significant commercial scale would be at least 12 months.

It used to be 10 plants max for percy and it's now around 4 with the guideline changes.

We're talking about mitigation.

Relevant Sentencing Case Law
Herridge [2006]1 Cr App R (S) 252
52 plants at home. Personal use. G plea. 6 months prison. This case also recognises the reduction in penalty for possession of cannabis by its reclassification as a Class C drug.

Booth [1997] 2 Cr App R (S) 67
8-10kg per annum production. 4 years prison

Jubb [2002] 2 Cr App R (S) 8
D was sole lessee of industrial unit which contained a sophisticated system for the cultivation of cannabis. 705 plants. Potential income £190k. G plea but D denied being a principal in the enterprise. 5 years.

How long had D had the unit for? How many times per year would the crop yield? If he'd had the unit for 2 years and there were a potential of 3 or 4 crops per year there's a potential for £190K x 8.

[Old bones Ian]

In a past life i was living in a house that was used for this sort of thing, i insisted that a lock be put on the doors leading to the rooms, and i wasn't anything to do with the cutivation, was just living at the house.

of course as the nature of these things go the police burst in early one morning, and we were all carted off, luckily for me the guy who was growing admited that it was his . He got a year inside , if he hadn't of taken the blame i would probably of been getting the same sentance. I just played dumb when interviewed and said nothing. The doors had locked to the plants, so the police couldn't prove that i knew what was going on.


It did cost me £500 for a new electric meter though.

Few years later my friend ended up in a morroccon jail for a couple of years, and got realised after George Cloony spoke up for him and helped get him out. true story. believe it or not.

[palooka]

In a past life i was living in a house that was used for this sort of thing, i insisted that a lock be put on the doors leading to the rooms, and i wasn't anything to do with the cutivation, was just living at the house.

of course as the nature of these things go the police burst in early one morning, and we were all carted off, luckily for me the guy who was growing admited that it was his . He got a year inside , if he hadn't of taken the blame i would probably of been getting the same sentance. I just played dumb when interviewed and said nothing. The doors had locked to the plants, so the police couldn't prove that i knew what was going on.


It did cost me £500 for a new electric meter though.

Few years later my friend ended up in a morroccon jail for a couple of years, and got realised after George Cloony spoke up for him and helped get him out. true story. believe it or not.

Was that the same friend Ian? He didn't learn the lesson? I'm pleased that you did.

I was an evil man 10-15 years ago and did many things that I now hate and regret. I knocked around with some very bad people that I looked up to. I had a kick in the arse and changed my ways; and there's no one (teddys toupee aside) with much bad to say about me in the past 10 years. Kevin Mitchell may need a kick in the arse; he has a real talent and could be a provider and role model. (Dagenham looks like Balby, (where I live)).