Community service for cannabis grower

An unemployed man who cultivated cannabis plants at his home in order to feed his drug habit and so he wouldn’t be “dealing with scumbags” has been ordered to perform 180 hours of community service.

Gerard Batten (aged 35) of Broadfield Heath in Rathcoole pleaded guilty at Dublin Circuit Criminal Court to cultivating 25 cannabis plants at his home on September 19, 2008.

Garda Ronan O’Malley told Mr Fergal Foley BL, prosecuting, that he carried out a search of Batten’s house under the Misuse of Drugs Act.

He found 11 cannabis plants growing in the en-suite bathroom of the master bedroom and located a further 14 cannabis plants in a wardrobe.

“There were lights and extractor fans set up and a pH gauge along with plant food which aided the cultivation of the plants,” said Gda O’Malley.

Batten, who has a significant drug habit, admitted he set up the equipment in order to grow the plants. He also admitted he bought the cannabis seeds in a head shop in Dublin city centre.

“He admitted the cannabis plants, which are valued at €400 each were for his own use and that he wasn’t dealing,” said Gda O’Malley.

He said the reason he started to grow the cannabis plants was because “someone informed” him how to cultivate them.

“I smoke it and I didn’t want to be dealing with scumbags,” Batten , who has no previous convictions, told Gda O’Malley.

Judge Tony Hunt imposed the community service order in lieu of a prison sentence on the basis that Batten was at low risk of reoffending and he accepted he had not been selling the drugs. He ordered the confiscation and destruction of the items seized.