Drug den yob spared jail
Used child’s room to grow cannabis plants
A yob who turned a fiveyear-old’s bedroom into a squalid drug den, has been spared jail.
John Docherty, 58, admitted wilfully neglecting a youngster at a house he adapted for cannabis cultivation.
Cops who raided the property found a child asleep on a couch, still wearing a school uniform from the day before.
The youngster was surrounded by rubbish strewn across the living room, including discarded clothes, dirty dishes, uneaten food and drugs paraphernalia.
Paisley Sheriff Court heard Docherty had bypassed the electricity meter and transformed a child’s bedroom into a full-scale cannabis cultivation at Oliphant Crescent, Foxbar.
The room was equipped with a heat lamp, an electric fan, nutrient trays, a transformer and planters containing 24 fullygrown cannabis plants worth up to £14,000.
He appeared at court for sentencing after pleading guilty to charges of using the property to produce a controlled drug, namely Class-B drug cannabis.
He also admitted wilfully neglecting a child by causing unnecessary suffering to their health by failing to provide adequate care and allowing the child to reside at a house used for cannabis cultivation.
Defence agent Amy Spencer said her client, who sports a coloured Mohican hairstyle, suffers from ill health and had pleaded guilty to the offence.
She added the court had carried out an assessment to see whether his property would be suitable for a restriction of liberty order.
She said: “Your Lordship had previously called for background reports and thereafter for information about a Restriction of Liberty Order.
“The report indicates his house is indeed suitable for such an order and he would cooperate with that.
“The only reservation is his ill health.
“Last winter he was taken to hospital by ambulance and he is worried whether this may affect the wearing of the tag.
“I have explained to him he should contact G4S in that event and explain to them the circumstances, which would constitute a reasonable excuse.
“I would invite you to take that route.”
Sheriff Tom McCartney, who had called for more information before deciding Docherty’s punishment, agreed with the lawyer.
He said: “The issue which I have to consider is whether the gravity of the offence is one where a prison sentence should be imposed.
“You have not served a prison sentence before, therefore, I should only impose a prison sentence if I am satisfied there is no alternative.
“Notwithstanding the offence against the Misuse of Drugs Act, your only previous conviction is for a road traffic matter so I can reasonably impose a sentence as an alternative to custody.”
He placed Docherty on a tag for nine months requiring him to remain indoors between 7pm and 7am each day. He was also handed 200 hours unpaid work to be completed within 12 months.