Sandwell MBC v Hensley [2007]

Sandwell MBC v Hensley [2007] becomes a useful tool to reaffirm the principle set out in Mousah in a post HRA world. This case concerned the cultivation of cannabis. The Council successfully appealed the District Judge’s decision to make a suspended possession order. In allowing the appeal Lord Justice Gage stated:

“In my view, unless there was cogent evidence providing a real hope that the defendant had mended his ways, the council was in all the circumstances entitled to an outright order. In my judgment, there was no such evidence. Exercising the discretion afresh, I would allow the appeal and make an outright order for possession.”

This is from the Wright Hassall website

Cornerstone say: "A tenant who has used his home as a cannabis farm must show good reasons why he should be allowed to remain in the property. a vague promise of "a new leaf" is not enough."

Casemine

Bailii

 


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