In 2016 were caught in a warehouse near his house 9 Cannabis seedlings. The state demanded a significant punishment, but the Military Court only sentenced him. The state did not accept the light punishment and appealed. The District increased the punishment.
Last year, the Kfar Saba Magistrate's Court sentenced a defendant who raised Cannabis to a storage room near his house 250 for 30 hours and a NIS 2,000 fine.
In a judgment Recently, the judges of the Lod District Court ruled that the state's demand for imprisonment for service work should be rejected, but it was agreed that the platoon would be enlarged to 500 for hours and the fine would be NIS 12,000.
The warehouse was exposed in July 2016 and were caught in 9 2.74 cannabis plants weighing XNUMX kilograms and equipment like tents, oxygen diffuser, planters and more. The defendant confessed and was convicted as part of a plea bargain for the offense of producing a dangerous drug, and was sent to the probation service for the purpose of recommending the punishment.
In his positive review, it was noted that the defendant - who used to smoke cannabis to relieve pain and stress - took responsibility for his actions and made a significant change in his life, successfully integrated into the therapeutic process and stopped using cannabis. Therefore, the service recommended the cancellation of the conviction alongside 200 hours.
The state strongly opposed the unusual recommendation and requested 6 a month's imprisonment for the defendant to be able to serve in the service, but the court tended to serve, and even though he refused to cancel the conviction, he charged 250 with 4, a suspended sentence of NIS 2,000 A year test.
But the state did not accept the sentencing and filed an appeal in which it appealed for the punishment of 4 monthly service work. The appeal argued that the Magistrate's Court gave decisive weight to the rehabilitation considerations and to the personal circumstances of the defendant "while ignoring his grave actions and the public interest in deterring independent drug growers."
On the other hand, the defense attorney argued that the defendant's sentence was not very extreme and presented numerous sentences that testify to this. The defense attorney emphasized that the defendant was almost 3 years in treatment, collaborating with the probation service and the drug tests that he had left clean. At the same time, it agreed to increase the fine and the hours of the police station.
The defendant himself noted that the criminal procedure saved his life and gave him the opportunity to start over, take responsibility, and become a better father to his two children.
Judge Shmuel Bornstein and judges Devorah Atar and Ami Kobo ruled that there is no justification for changing the type of punishment imposed on the defendant, in view of the extraordinary rehabilitation he underwent, the small amount of drug he raised and the fact that the criminal offense was clean.
The judges added that in their opinion there was no defect in the decision to give decisive weight to the process that the defendant underwent, since the Penal Law explicitly states that it is possible to deviate from the punishment compound in cases of rehabilitation. In addition, it was noted that there are quite a few exceptional cases in which the Military Police has been punished in similar situations.
However, the judges decided to increase the size of the police and the fine and to extend the probation order, as the defense attorney agreed. Therefore, it was determined that the platoon would stand at 500 for hours, the fine would be increased to NIS 12,000, and the test order would be extended by another year.
Attorney Yael Ben-Shmuel represented the state, while the defendant was represented by attorney Naama Sagi. The writer, attorney Nir Lister, Who deals with criminal matters, will not be represented in the case.