Pain relief cannabis user spared jail after £32k drug stash found at home

Saturday 01 September 2018

A man who had cannabis posted to him so he could relieve his back pain, and used amphetamine to regulate his weight because he was unable to exercise, has avoided being sent to jail because of his "unique" personal circumstances.

The Royal Court heard that Customs first became suspicious of 42-year-old John Hutcheson when they intercepted a packet of cannabis addressed to him at postal headquarters.

They then carried out a search at his home and found more drugs including ecstasy, amphetamine, and diazepam, with an estimated street value in excess of £32,000.

When interviewed, although Hutcheson admitted having requested the cannabis was sent to him, he was vague about how this was arranged, making mention of “a friend with a relative in Scotland who suffers from MS and can get hold of medical grade cannabis” and that this friend or one of the friend’s relatives or colleagues could have been responsible for posting the package to him. He also told officers it was “a free sample."

Later, investigations showed a similar package had also been sent to Hutcheson from the same London post office about a month earlier.

The court was told Hutcheson had had an accident at work and was on long-term benefit and waiting for a back operation. He told officers he would use cannabis four to six times a day to relieve the pain, and “a couple of scoops” of amphetamine to suppress his appetite.

Pictured: Deputy Bailiff Tim Le Cocq told Hutcheson if he was back in court again it was likely he'd be going to prison.

In sentencing Hutcheson, Deputy Bailiff Tim Le Cocq QC said the court had given “anxious consideration” to the mitigation his defence advocate had put forward. These included not only the reasons why Hutcheson was taking the drugs, but that he was “a good father despite making wrong decisions at some times."

The court heard that he had a three-year-old daughter, and if he was sent to prison the child’s mother would have to give up work because the cost of nursery fees would not make it economically viable.

Hutcheson was subsequently handed 12 months' probation, and 224 hours' community service, as well as a stern warning from the Deputy Bailiff.

“You have been given a quite exceptional opportunity here,” he said, going on to tell him if he was back in court again it was more than likely he’d find himself being sent to prison.