Most of drug grower's compensation pay out retained as proceeds of crime (From The Advertiser Series)
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Most of Stanley drug grower's compensation pay out retained as proceeds of crime
AN untimely compensation pay-out to a home cannabis ‘farmer’ has mostly been seized by police as proceeds of crime.
Daniel Keith Foggon, 30, received a nine-month prison sentence, which he has now served, at Durham Crown Court in January.
It followed his ‘guilty’ pleas to producing a controlled drug and possessing cannabis with intent to supply.
The charges arose from a police raid on his former home, in Percy Terrace, Stanley, on March 16 last year, when officers found 491g of cannabis leaf being dried on a living room table and hanging in a rear bedroom.
But they also discovered 31 young plants being grown under heat lamps in a cupboard of another bedroom.
The January hearing was told that Foggon accepted much of what he grew would have been sold, with the remainder kept for his own use of the drug.
Lewis Kerr, mitigating, told the court that Foggon was short of money at the time, due to an injury suffered when he was hit a dumper truck while working at a recycling plant.
Mr Kerr said Foggon has since tried to curb his own use of the drug.
Foggo, now of Rodham Terrace, Shield Row, Stanley, was back before the court today (Thursday September 5) for a proceeds of crime hearing.
Paul Abrahams, for the Crown, said an expert estimate into what Foggon would have gained, given potential street sale prices at the time, put his ‘benefit’ figure at £5,760.
This was based on a defence admission that about five per cent of the cannabis grown would been used by Foggon, with 95-per cent sold by him.
Mr Abrahams said at about the time he was charged over the drug growing offences, last September, Foggon received a four-figure compensation pay-out for the dumper truck accident.
The police seized the balance, a figure of £7,123, on September 19 last year.
Mr Abrahams asked for the £5,760 to be confiscated from the available figure of £7,123.
Agreeing, Judge Christopher Prince made the order, with the money to be paid in 28 days.
He ordered that Foggon should serve four months in prison “in default of payment”, but this will not apply as the money is already held by police, leaving a balance of £1,363 to be returned to the defendant.
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