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Liverpool Echo
Liverpool Echo
National
Neil Docking

Cannabis grower jailed over £73,000 crop

A convicted drug dealer who keeps growing cannabis was today jailed over a £73,000 crop.

Benjamin Haxby has been sentenced twice previously over cannabis farms set up at homes in Wirral.

Last year police found two further "grows" at the 38-year-old's flat in Park Road South, Birkenhead.

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Liverpool Crown Court heard officers raided the address on September 12, when they discovered 58 plants.

Christopher Taylor, prosecuting, said there were three growing areas, each featuring plants at different stages of maturity, with lighting equipment.

A police expert believed the plants could have yielded up to 4.8 kilos, with an estimated street value of between £48,720 and £73,080.

Haxby's mobile phone revealed four "digital tick lists", a "calendar" with detailed growing instructions, and texts mentioning different amounts and strains of the drug.

Mr Taylor said two "lengthy" WhatsApp conversations referred to growing and "ongoing offers to supply and incoming requests for cannabis".

Haxby was arrested and interviewed that day, but made no comment and was released under investigation.

However, when police visited his flat again on November 10, to speak to him about an unrelated matter, they found four more plants.

The judge, Recorder Jon Close, said these looked "quite well established" in photos, but the expert was unable to provide an estimated yield or value because of their stage of development.

Haxby was arrested and interviewed that day, when he again gave a no comment interview.

He later admitted two counts of producing cannabis.

His 10 previous convictions for 18 offences include two previous counts of producing cannabis.

Mr Taylor said police found him injured in the street in Stoney Hey Road, New Brighton in October 2014, when he was taken to hospital.

Officers searched a property and found a £34,000 cannabis farm, linked to him forensically, which led to a 16-month jail sentence, suspended for two years, in July 2015.

In December 2018 he was jailed for 12 months over another cannabis farm, plus possessing cocaine and cannabis with intent to supply.

In February that year he had been stopped in the street in Birkenhead with wraps of cocaine and a search of his flat in Park Road South revealed a £29,000 cannabis farm.

Matthew O'Neill, defending, said a pre-sentence report outlined Haxby's background and drug abuse.

He said: "To his credit, since the commission of these offences he tells me that his use of Class A drugs has reduced significantly, however the issue is still present.

"He has been taking steps to address the underlying issues in his life, he attends Wirral Ways to Recovery and I understand it's of his own accord."

Mr O'Neill said Haxby had a girlfriend he has been with for 12 months, sitting in the public gallery, who has medical issues and learning difficulties.

The lawyer said: "He tells me he is the sole carer for his partner. His partner's parents are both alcoholics and since she has come into his life he believes she has been a positive influence on him and he has on her."

Mr O'Neill suggested jailing Haxby would have a significant harmful impact on his girlfriend and urged the judge to spare him jail.

He said Haxby in his own words said he needed "to grow up" and he had a three-month trial job offer from a Wirral building company.

Haxby has mental health issues, which Mr O'Neill said were one of the reasons he started using Class A drugs "from a young age".

Recorder Close told Haxby his previous convictions "significantly aggravated" the case.

He said: "It's the third time you have been before the courts for like offences. Even now, it's not just a single offence, there are two offences that you have committed on separate dates, the latter of which was committed whilst you were released under investigation for the first."

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Recorder Close said the first farm was a "significant, substantial and skilled grow" and "set up for wholesale production for commercial gain".

However, he said after being arrested over that farm, Haxby simply carried on "undeterred", which was another "significant aggravating feature".

The judge accepted he had "substantial mitigation", including mental health problems such as anxiety, depression, ADHD and the suggestion of undiagnosed PTSD.

He said: "It isn't suggested those matters reduce your culpability, but what is suggested is those matters led you down the path of addiction."

Recorder Close said he was "impressed" by the steps Haxby had taken to address his problems.

But he said sentencing guidelines indicated a starting point of four years in prison before the aggravating features were taken into account, and with his mitigation and one third credit for his guilty pleas, this resulted in a sentence of three years in jail.

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