A MOSGIEL PARAPLEGIC HAS BEEN JAILED FOR OPPOSING THE CANNABIS LAWS.

Dunedin District Court

The protest was "hollow" but one the defendant was certainly entitled to
make, Judge Robert Spear said in the Dunedin District Court yesterday
sentencing Scott David Findlay (26), ACC recipient, to three months jail.

He did not want to impose imprisonment, the judge said. However, Findlay
had forced him along that track.

"I would prefer a community-based sentence," he told Findlay. "But you will
not accept that."

Findlay had been convicted of four charges arising from a police search of
his address on January 16, the judge having found the charges proved at a
hearing where Findlay, representing himself, challenged the validity of the
search warrant and search.

The search revealed nine cannabis plants, 115g of cannabis, 184 cannabis
seeds, and utensils used for smoking cannabis.

The resulting charges against Findlay were cultivating cannabis, between
last December 1 and January 16, possessing cannabis, possessing cannabis
seeds, and possessing utensils.

Eight of the plants varied in height from seedling size to 30cm. The other
was tied down and being grown along the ground.

To the probation officer, and at sentencing, Findlay indicated he neither
accepted nor recognised the cannabis legislation. He did not feel he should
accept punishment for the charges, he stated.

Judge Spear said the offences would usually attract a significant sentence
of periodic detention. But because Findlay was a paraplegic he was prepared
to consider community service. Findlay was unable to do periodic detention,
and not in a position to pay a fine of the level that would be imposed.

However, Findlay confirmed he did not recognise the cannabis law and would
not carry out community service.

"It is entirely for you to decide whether or not you comply with the law.
But if you breach it, you must accept any criminal sanction for that
offending," the judge told Findlay.

"While you may well feel you are martyring yourself for some cause, I can
tell you it is a fruitless exercise."

Others had objected in the same way and the law remained the same, the
judge said.

For cultivation, Findlay was jailed for three months. On the other charges
there were concurrent 1-month prison terms.

The judge granted leave to apply for home detention, "reluctantly because
this offending occurred in your home," but said he hoped any such leave
would be conditional on Findlay being cannabis-free.