Ben 29 was arrested after ordering 54 seeds via the Internet, and in his house were also caught 9 g cannabis for own use. In his trial, he explained that cannabis helps him cope with epilepsy from which he suffers and the court is convinced that it is better to avoid his conviction.
In cooperation with Pascadine
Vice-President of the Magistrate's Court in Rehovot Efrat Fink, Has recently determined that 29 54, which ordered cannabis seeds from abroad and held a little cannabis for its own consumption, will not be convicted.
Instead, the judge sentenced 200 to public service hours. The judge considered, inter alia, that the defendant - who suffers from epilepsy - needs cannabis to ease his condition, and that during the course of the hearings he received a medical cannabis license from the Ministry of Health.
The indictment was filed against him about a year and a half ago. The state claimed that in December 2015 was captured with cannabis weighing about 9 grams, which is considered a quantity for self consumption. In addition, the defendant was charged with the offense of importing 54 Cannabis seeds from abroad via the Internet when 30 seeds were caught in search of the defendant's house and 24 were caught in an envelope during customs checks at the customs.
The defendant admitted the facts in the indictment and was convicted. However, he sought to revoke his conviction for several reasons.
One reason for his defense attorney, Yaniv Peretz, to cancel the conviction, is the significant damage to his professional future since he has just been examined for the purpose of obtaining a real estate license.
A second reason was that he needed a plant to prevent the epileptic fits he was suffering from. In this context, he noted that he had recently received a license for medical cannabis from the Ministry of Health, so there is no danger that he will repeat his actions.
On the other hand, the state claimed that the offense of importing drugs is not suitable for the conclusion of a proceeding without conviction, and that the defendant was a large quantity of seeds and could have harmed a wide public. Therefore, the court was requested to leave the conviction intact and to impose on the defendant months of imprisonment by means of community service alongside a suspended sentence.
The probation service report on the Defendant stated that drug use expressed his real fear of an epileptic event, and that the offense he committed did not reflect criminal patterns in view of the fact that he acted concurrently to obtain a license and eventually even received it. In these circumstances and in light of his clean criminal record and the real chance of harming his livelihood, the Probation Service supported the conclusion of the proceeding without conviction.
Fear of an attack
In the judgment Justice Fink made it clear that revocation of the conviction is possible only in cases where it is liable to seriously harm the rehabilitation of the accused or cause serious damage to him, and the type of offense allows him to relinquish it without significantly harming other punitive considerations such as deterrence or protection of the public interest.
On the merits of the case, she noted that the probation service report shows that the defendant committed the offenses against the background of epilepsy and that he tried to reduce his suffering by using cannabis.
The judge added that the license given to the defendant retroactively shows that the defendant imported the seeds for personal use and had no intention of trading them, and that the medical authorities in the authorities were convinced that he should be allowed to consume cannabis legally.
In these circumstances the judge noted that "had the license been granted prior to the perpetration of the offenses, it is reasonable to assume that the defendant would not have committed them at all."
The judge further noted that while the defendant is not currently a danger to the public, then the conviction is liable to cause serious harm to him because it will lead to the revocation of the mediation license he is supposed to receive.
Therefore, the judge ruled that the current case meets the exceptional requirements for revoking the conviction and accepted the defendant's request. The defendant was sent to perform 200 hours for public benefit only.
The writer is an attorney Orly Katabi Amir Who is involved in criminal activity, did not represent the case.