A Cannabis merchant of 22 who admitted to making 10 deals selling cannabis and was caught in his house more than 2 kg Cannabis would not want to be imprisoned behind bars.
Judge Ayelet Hashahar Biton Perla recently ruled from the Kariot Magistrate's Court, after she rejected the state's position that his sentence should last at least 3 years.
In the sentence It was written that disregarding the chances of the defendant's rehabilitation might lead him back to the margins of the company, and therefore 9 could be satisfied with months of service work alongside accompanying punishment.
The defendant admitted to an amended indictment and was convicted of ten counts of trafficking in a dangerous drug and possession of a drug that was not for personal consumption. As part of his responsibility, the defendant even agreed that the property seized by the police - vehicles, mobile phones and NIS 1,000 - would be transferred to the Custodian General's forfeiture fund.
Three probes were submitted in his case in order to recommend the punishment. The story unfolds in the life of the defendant, who began using cannabis at the age of 14 and left the house at the age of 17 in the wake of a quarrel with his family, and tried to support himself through trade.
In the last review, the service informed the court that the defendant had been part of a therapeutic group, was in a difficult mental state, took responsibility and expressed a strong desire to rehabilitate them. Therefore, it was recommended that in the end, a rehabilitative punishment, including a punishment for service work, was given months of supervision and probation.
The defendant was unimpressed by the matter and appealed for a very significant sentence that, at the minimum of the minimum, 3 would have a prison sentence, given the large amount of cannabis and the sophisticated use of technological means that enable transactions to be carried out quickly and secretly. At the same time it was emphasized that the acts were carried out money operation.
However, the Defendant clarified that he committed the acts against the background of economic and familial distress and expressed regret and regret. His attorney added that from similar cases it can be learned that it is certainly possible to adopt the recommendation of the probation service and to make do with service work.
Judge Biton Perla clarified that there is no basis for the serious area proposed by the accused, and determined that even though the offenses committed by the accused are serious and liable to cause serious harm to public health and the public fund (due to unreported income), the defendant's personal circumstances and rehabilitation procedures can not be ignored.
The judge emphasized that the defendant is a young man without a criminal record, who took responsibility at the first opportunity, began a treatment process and has a real chance of rehabilitation.
"Ignoring the potential for rehabilitation in the defendant's circumstances," she wrote, "is likely to create a situation in which, in the name of the principle of compatibility, the future of the defendant's normal relations with the company will be neglected, to the extent that the defendant is pushed back to the margins of society."
Therefore, the judge ruled that even though the appropriate punishment area in the current case starts with 18, it is justified to deviate from it for rehabilitation purposes, but alongside significant punishment.
Accordingly, the judge sentenced the defendant 9 monthly service work and supervision of two years in the probation service. In addition, he was given suspended sentences, a NIS 7,000 fine, the disqualification of a six-month suspended license, and a financial obligation of NIS 1,000 to refrain from committing criminal offenses.
The writer, attorney Assaf Shamir, Deals with criminal cases, does not represent the case.