Sent: Friday, May 27, 2005 1:33 PM
Subject: [DN] U.K. : CONFIRMED: NECESSITY BANNED
> news wire relese follows.
> An attempt to effectively legalise the use of cannabis for the relief of
> chronic pain was rejected by the Court of Appeal today.
> Three judges ruled against argument that conduct which would otherwise be
> unlawful was "excused or justified by the need to avoid a greater evil"
> that the defence of necessity should be available to those who used or
> supplied the Class C drug to alleviate severe pain.
> The court had been told that cannabis was more effective than conventional
> forms of pain relief and did not have the potentially serious and
> life-threatening side-effects of alternative treatments.
> But the judges ruled that the defences of necessity or duress should be
> confined to cases where someone committed what would otherwise be an
> unlawful act to avoid "imminent danger of physical injury''.
> The court dismissed appeals by Barry Quayle, 38, from Market Rasen,
> Lincolnshire; Reay Wales, 53, of Ipswich; Graham Kenny, 25, from Shipley,
> West Yorkshire; and Anthony Taylor, 54, and May Po Lee, 28, both from
> All had been given either a fine, community service or suspended jail
> sentence for possessing or importing the drug.
> The judges also ruled that the defence of necessity should not have
> succeeded in the case of Jeffrey Ditchfield, of North Wales, who was
> acquitted of possessing the drug with intent to supply it to victims of
> serious and painful medical conditions.
> Despite the decision, Mr Ditchfield cannot now be convicted of the
> The court heard that Mr Quayle had both legs amputated below the knee and
> suffered pain from damaged tissue and "phantom limb'' sensation.
> Mr Wales had used cannabis to relieve the pain of serious bone and
> Mr Kenny smoked cannabis to relieve chronic back pain.
> Mr Taylor ran a holistic clinic in King's Cross, north London, with some
> patients, many suffering from Aids or MS.
> Ms Lee was a former employee at a health shop run by Mr Taylor below his
> They were both convicted of importing the drug.
> Eurodrug mailing list