Drug growers to appeal over jail sentences

Judge Alan Goldsack, the Recorder of Sheffield, criticised the Sentencing Council for England and Wales and said new guidance introduced on February 27 was too “soft” on low-level offenders.

The jail terms are the latest exchange in an escalating row that has broken out between judges in Sheffield who want tougher penalties on cannabis growers and the Sentencing Council.

Home-grown “skunk” cannabis for personal use has been described as reaching “epidemic” proportions in South Yorkshire, and local judges have routinely given immediate jail sentences.

The row over “soft” sentencing blew up last month at Sheffield Crown Court when Judge Michael Murphy said his powers had been “diluted” and the new guidelines would not allow him to jail a cannabis grower.

The Sentencing Council quickly responded by saying the new guidelines “did not in any way reduce sentences for smaller-scale production offences and we do not expect judges and magistrates to be changing the way they sentence in such cases”.

Following the statement, Judge Goldsack advised all Sheffield judges to adjourn cases of cannabis production awaiting sentence until the new guidelines came into force.

On Friday Judge Goldsack dealt with 13 such cases and jailed six growers and gave another seven community penalties, saying it would “not be in the interests of justice” to follow the new guidelines.

He said: “To suddenly reduce sentences which have been seen as appropriate and hopefully effective in reducing a very common form of offending would seriously undermine public confidence in the criminal justice system.

“It would also incidentally be the only way to achieve the Sentencing Council’s publicly stated aim of consistency in sentencing, with no change in what has become the normal sentence.”

In a lengthy address, Judge Goldsack said it was clear that cannabis was being widely grown in attics, cellars and bedrooms and a few plants could produce a substantial amount of the drug.

He said: “There is the clearest possible evidence of the damaging impact on local communities of this particular type of offending. The hope was that before too long the level of offending would drop off dramatically once potential offenders realised the sentence they face if caught.”

Under a category of the new guidelines if no more than nine plants are involved the sentence range is from a conditional discharge to a medium-level community order.

Even where 28 plants are involved, the sentencing range is from a low-level community order up to 26 weeks in prison.

After Judge Goldsack delivered his judgment which he said was an “extremely difficult sentencing exercise”, counsel for several of those jailed indicated they would be appealing against their sentences.

Defence barristers said the sentencing guidelines needed further clarification. “It would be wrong to send somebody into custody if things are not particularly clear,” said barrister Richard Barradell.