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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Wright, R. v  EWCA Crim 1180 (05 May 2011)
Cite as:  EWCA Crim 1180,  2 Cr App Rep 15,  2 Cr App R 15
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London, WC2A 2LL
B e f o r e :
MRS JUSTICE RAFFERTY DBE
HIS HONOUR JUDGE PAGET QC
(Sitting as a judge of the Court of Appeal Criminal Division)
|R E G I N A|
|CRAIG GEORGE WRIGHT|
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Mr R Skyner appeared on behalf of the Crown
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i. "Had this submission been advanced in amplified form, we anticipate that it would have been contended that the useable part of each plant (that is the part which would have been supplied to any purchaser) would have been the flowering heads. Since the plants at the date of the applicant's arrest were in their infancy, there were as yet no flowering heads. Thus it would have been argued that the applicant was not as yet in possession of the cannabis that it was alleged that he intended to supply."
i. "Subject to section 28 of this Act, it is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of section 4(1) of this Act."
i. "'cannabis' (except in the expression 'cannabis resin') means any plant of the genus Cannabis or any part of any such plant (by whatever name designated) except that it does not include cannabis resin or any of the following products after separation from the rest of the plant, namely —
(b) mature stalk of any such plant
(c) fibre produced from mature stalk of any such plant, and
(d) seed of any such plant."
i. "The proper inference as to what the cultivation entailed and what would be likely to happen to the product depends on the facts of each case. In most cases, and not only where the plants have not as yet been harvested, it will not be possible to frame a count of possession of identified material with intent to supply."