HULL'S top judge has criticised prosecutors for accepting a drug dealer's claim that he was only selling to his fishing club friends. Two police officers were alerted to Barrie Smith's activities when they were on patrol in Amethyst Road, east Hull, on July 1 last year and noticed "the distinctive smell of cannabis", Hull Crown Court heard.
The aroma led them to Smith's home and they knocked on the door to investigate.
Smith, 30, answered and told them a friend had been smoking cannabis at his house but had since left.
He agreed, however, to a voluntary search of the property and when the officers looked in his loft they found four large black plastic trays containing skunk cannabis, a powerful-smelling Class B drug.
The cannabis, which was loosely scattered around the loft, was later estimated to have a street value of £4,200.
Police also found £730 in cash, two mobile phones, one of which revealed text messages suggesting the supply of cannabis, and small plastic bags of the type used by cannabis dealers.
Smith admitted a charge of possession with intent to supply, but claimed his only customers were members of a fishing club he belonged to, the court heard.
"Is it a fishing club or a cannabis club?" asked an incredulous Judge Michael Mettyear, Honorary Recorder of Hull and the East Riding.
"They go fishing and smoke all day," said defence barrister Paul Genney.
"This is £4,000 worth of skunk cannabis," said Judge Mettyear. "Who accepted this plea?"
"Perhaps he's the social secretary," said Mr Genney.
"Don't worry, Miss Baggs, I'm not going to ask you," Judge Mettyear said, to prosecution barrister Julia Baggs in reference to the basis of plea, which limited his sentencing powers.
Miss Baggs said Smith was a cannabis user who had taken to supplying others because he was having money problems. He admitted the mobile phones were his but said the cannabis bags were "for fishing gear".
Miss Baggs told the court Smith had "limited" previous convictions, and none for drugs offences.
When Mr Genney rose to offer mitigation for Smith, the judge stopped him in his tracks.
"Don't say anything Mr Genney," he said.
"Your honour," said Mr Genney, still on his feet.
"Don't say anything, please," Judge Mettyear said.
Mr Genney replied: "Your honour, I won't. There's a {pre-sentence] report."
Judge Mettyear gave Smith a six-month prison sentence, suspended for 18 months, and ordered him to do 80 hours of unpaid work. He must also attend a drug rehabilitation course for six months.
The judge told Smith: "You are a very, very lucky man.
"I don't believe a word of your story, but it's been accepted and I am bound to sentence you on the basis that it's been accepted.
"You just need to be careful in future. You may not be so lucky next time."
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