In a sentence Published Recently, Justice Osherit Huber-Heyman canceled the conviction of a young man who admitted holding cannabis in a quantity that was not for personal consumption. She was impressed that the use of hashish was due to severe personal distress and that today the young man's face for rehabilitation.
According to the indictment, in October 2016 was caught in the house of the young hash weighing 92 grams. The hashish is in the refrigerator. The Defendant pleaded guilty to a charge of possession of drugs not for personal consumption and was convicted in a plea bargain.
The probation report states that this is an 25 bachelor with a background of addiction. He completed a few years of schooling and partial matriculation, and said that the need to help his family financially while he was studying was difficult for him to do.
According to the report, the defendant's parents divorced when he was a toddler and he raised his mother. His father severed all contact with him and the family's economic situation was poor. 3 years ago, the father renewed the connection with him because of a severe lung disease from which he suffered. Despite the complex circumstances, the young man accompanied his father until he died about a year ago.
The defendant explained that he had become addicted to cannabis following severe feelings of pain and helplessness during the ongoing treatment of his father and his expected loss. He expressed regret and said that today he understands the flaw in his conduct.
He also noted that the criminal proceedings against him had shocked him to the point where he decided to be self-medicated. He went on his own initiative to the Addictions Center and integrated into individual therapy.
As part of the pleading for punishment, the accused petitioned him to impose several months of community service or imprisonment. She stressed that in a previous proceeding the court had already preferred the considerations of rehabilitation, revoked the conviction of the young man and sentenced him to public service hours, but he returned to drugs.
The defense attorney petitioned for the cancellation of the conviction and for imposing a public order for public benefit, as recommended by the probation service. She emphasized the difficult personal circumstances of the defendant and mentioned letters of recommendation he received from his commander and employer. She also stressed that the defendant admitted the offense, took responsibility and saved judicial time.
Judge Osherit Huber Heiman of the Magistrate's Court in Rehovot made it clear that the young man was caught with a drug that was considered "light" in a very small amount.
She also said that the circumstances that led the defendant to use the drug should be considered. At the time, he was in distress as a result of his father's return to his life and the expectation of his death, as well as the pressure involved in the need to financially support him and the rest of his family.
The judge also noted that the defendant took nurses in a full and honest manner. "Despite the challenges that have plagued him, the defendant has the willpower and the high motivation to lead a productive and normative life," she wrote.
She also says he seems to be about to start a new chapter in his married life when he becomes engaged to his partner. "The defendant chose to embark on a new and positive path in his life, and therefore the rehabilitation interest should be preferred over public interests of reward and deterrence," she concluded.
In the end, the judge overturned the defendant's conviction and imposed hours for public benefit.
The writer, attorney Roman Kogan, Who deals with criminal matters, will not be represented in the case.