Cannabis grower claimed ‘religious’ rights

A £11,000 cannabis set-up was found at a house by police after the owner was attacked and hospitalised, a court heard.

Police took Craig Darbyshire to hospital after finding he has suffered injuries following reports of a disturbance at his home on Barnes Street in Clayton-le-Moors.

Peter Barr, prosecuting, told Burnley Crown Court how when officers went into his property following the incident on April 12 last year it was ‘as hot as a sauna’, smelt ‘strongly of cannabis’ and they could hear the ‘humming of fans’.

Sixteen cannabis plants worth a potential street value of £9,140 were found as part of a ‘sophisticated’ set up and officers also recovered dried out cannabis worth up to £1,860.

Craig Darbyshire later told officers and the probation service that he had a ‘religious’ right to grow the drugs and cited the Magna Carta and Bill of Rights.

Mr Barr told the court that when Darbyshire, 49, was later interviewed by police he ‘gave a rather long and convoluted explanation as to why he was producing the cannabis.

He told the court: “He accepts growing it but gave a religious explanation about his right to grow it and use it.”

Darbyshire pleaded guilty to producing and possessing cannabis with intent to supply and was given a 20-week jail sentence, suspended for two years, with a 15-day rehabilitation activity requirement.

James Heyworth, defending, said Darbyshire was an ‘interesting character’ who had no recent convictions.

He told the court: “There are some slightly odd features about this case and some odd features about Mr Darbyshire himself.

“He has some interesting views about the Bill of Rights, Magna Carta and spent a lot of time in the interview of this [pre-sentence] report discussing his views about the criminal justice system and cannabis.

“He certainly accepts that he is guilty of criminal behaviour and his views perhaps matter not because the drug is illegal, notwithstanding the fact that it’s something he feels is grown and is natural.

Mr Heyworth said that Darbyshire had given his plea on the basis that he had smoked some of the cannabis and had also exchanged some of his produce with other users. However, Recorder Peter Atherton said his explanation was ‘nonsense’ and that benefit claimant Darbyshire would have been ‘overwhelmed’ by the opportunity to ‘sell it for considerable financial reward’.