News (Media Awareness Project) - CN BC: Drugs Won't Deprive Man Of Guns, Court Rules |
Title: | CN BC: Drugs Won't Deprive Man Of Guns, Court Rules |
Published On: | 2009-11-17 |
Source: | Kamloops Daily News (CN BC) |
Fetched On: | 2009-11-19 16:35:11 |
DRUGS WON'T DEPRIVE MAN OF GUNS, COURT RULES
A backwoods hermit caught growing marijuana he says he needs for his
health won't be deprived of his guns - tools required to live his
chosen lifestyle, a judge ruled Monday.
James Darcy West, 46, was charged with possession of marijuana for
the purpose of trafficking after police searched his house in March
2008 and found 150 plants.
The man lives in a backwoods area near 70 Mile House, the court
heard. RCMP showed up there in March 2008 after someone complained of
shots being fired in the area. The man has 10 firearms legally
registered in his name.
Officers asked West if they could look around his home for the
registered guns. He agreed. They found 13 firearms, including an
unregistered Colt revolver, causing concerns he may be stashing more.
Police asked to look in a locked room in his basement. West gave them
the key. Inside was the marijuana, which West said was for his own
personal use.
Defence lawyer Rob Bruneau said West suffered a brain injury years
ago after being struck by a car. As well, he suffers severe migraines
and other health problems that he believes are helped by marijuana.
The man is in the process of obtaining permits to possess marijuana
for medical purposes. He has his doctor's blessing but has not yet
received Health Canada's approval, Bruneau said.
The lawyer told the B.C. Supreme Court trial that all the plants
found were for West's personal use.
West agreed to plead guilty to simple possession of the marijuana and
serve four months in jail. The plea and sentence will allow him to
keep his firearms.
Had he been convicted of possession for the purpose of trafficking,
he would have lost his guns as the law imposes a mandatory firearms
ban in such cases.
"He simply could not live the kind of lifestyle he has chosen to live
if there is an order prohibiting him from possessing firearms," said Bruneau.
"For his own (backwoods) protection, he needs the guns."
A backwoods hermit caught growing marijuana he says he needs for his
health won't be deprived of his guns - tools required to live his
chosen lifestyle, a judge ruled Monday.
James Darcy West, 46, was charged with possession of marijuana for
the purpose of trafficking after police searched his house in March
2008 and found 150 plants.
The man lives in a backwoods area near 70 Mile House, the court
heard. RCMP showed up there in March 2008 after someone complained of
shots being fired in the area. The man has 10 firearms legally
registered in his name.
Officers asked West if they could look around his home for the
registered guns. He agreed. They found 13 firearms, including an
unregistered Colt revolver, causing concerns he may be stashing more.
Police asked to look in a locked room in his basement. West gave them
the key. Inside was the marijuana, which West said was for his own
personal use.
Defence lawyer Rob Bruneau said West suffered a brain injury years
ago after being struck by a car. As well, he suffers severe migraines
and other health problems that he believes are helped by marijuana.
The man is in the process of obtaining permits to possess marijuana
for medical purposes. He has his doctor's blessing but has not yet
received Health Canada's approval, Bruneau said.
The lawyer told the B.C. Supreme Court trial that all the plants
found were for West's personal use.
West agreed to plead guilty to simple possession of the marijuana and
serve four months in jail. The plea and sentence will allow him to
keep his firearms.
Had he been convicted of possession for the purpose of trafficking,
he would have lost his guns as the law imposes a mandatory firearms
ban in such cases.
"He simply could not live the kind of lifestyle he has chosen to live
if there is an order prohibiting him from possessing firearms," said Bruneau.
"For his own (backwoods) protection, he needs the guns."
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