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Saturday, February 7, 2015

Cannabis grower jailed despite claiming he was exercising his rights under 800-year-old law

A man caught twice growing cannabis at his home told police and a judge he was a freeman of the land not bound by common law. Portsmouth Crown Court heard the home of Niall Dixon in Southsea, Hampshire, was raided by police who found 65 plants growing in 2013. The court heard that during a second raid in January last year officers found two plants in a growing tent, one in his conservatory and some dried cannabis.
Prosecutor Nicholas Hall said Dixon had told police that through Magna Carta he was exercising "his right granted by god to consume any plants that he chose to do and therefore the inapplication to him of this legislation". The court heard Dixon, 43, used the cannabis in juice form for medical conditions he suffered, including anxiety. Judge Peter Dixon Crabtree sentenced Dixon to eight months in prison for the first offense and one month concurrent for the second. He gave no extra punishment for the possession charge.
Judge Crabtree said: ‘You profess to be a freeman of the land not bound by common law. I’ve no doubt that you hold the beliefs you espouse and do so genuinely. In court that’s not led to any difficulties. You have conducted yourself well." But Judge Crabtree added Dixon committed the second offense while on bail. He said: "It’s shows a disregard for the law." The court also heard Dixon shared the drug with friends, but only when they asked him to do so. Judge Crabtree added: "He provided his friends with cannabis if they visited and wanted to use that drug but not on a commercial basis.
"It’s accepted by the crown that the cannabis found was for personal use." Unemployed Dixon admitted one count of cultivation of a Class B drug in relation to the first raid, another count of the same charge and one of possession. The court heard he spent around £1,000 setting up his growing operation and officers had found the plants on the ground floor and basement in the first raid. He had grown tomatoes and other plants alongside the cannabis in a growing tent, Judge Crabtree added. Hannah Evans, defending, said Dixon told her his drug use had significantly reduced. She added: "Niall has very firm views as to what his rights are and his position on what the role of the law is."

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