A cannabis user who did not give up drugs while on a suspended jail term told a judge it was because he had nightmares – and she told him he should be having nightmares about her jailing him.
Burnley Crown Court had been told how Benjamin Myers (32) had earlier been given the non-custodial sentence after being convicted of possessing cannabis with intent to supply. He had been warned by Judge Beverley Lunt not to re-offend, but months later was caught possessing the drug.
Myers ended up back in the dock. The defendant, of York Street, Barnoldswick, had been sentenced to 16 months in custody, suspended for 12 months, with 12 months’ supervision, last October. Judge Lunt increased the suspension period to 18 months for the latest offence, but warned Myers there would no more chances. He had admitted possessing cannabis and had been committed for sentence by magistrates.
The hearing was told police were called by suspicious neighbours, approached the defendant’s car and found the passenger had a cannabis cigarette. Myers’ home was searched and a small amount of cannabis, consistent with personal use, as well as some plastic snap seal bags were discovered.
Philip Holden (for Myers) said the defendant had been going to probation more than required to and had reduced his cannabis intake. Myers had lost his business, because his girlfriends’ parents had taken away funding.
Judge Lunt told the court: “I don’t think he’s getting the hang of the supervision at all. The idea is not just turning up at the office, but it’s to stop using drugs.”
She asked Myers what on earth he was thinking of and said had told him what would happen if she saw him again. The judge continued: “It’s not just for any old offence, you’re using drugs. You’re missing the point.”
Myers told the judge he had not given drugs up as he had nightmares. The judge replied: “Well, the next time you have nightmares, I suggest you have them about seeing me again and going to prison for 16 months.”