Two Rishton men sent to prison for cannabis offences

Daniel Smedley, 33, and Richie Gardiner, 28, appeared at Preston Crown Court along with four co-defendants with regards to the burglary of cannabis plants in Burnley, and the discovery of a cannabis sweet factory in Rishton.

Smedley and Gardiner, along with Kristan Hall, 28, were charged with being concerned in the production of cannabis in June last year.

Smedley pleaded guilty to one count of possession with intent to supply cannabis, not guilty to another count of the same, and not guilty to two counts of being concerned in the production of a controlled drug.

Hall and Gardiner pleaded guilty to one count of possession with intent to supply cannabis and not guilty to another, and pleaded guilty to one count of being concerned in the production of a controlled drug and not guilty to another.

Prosecuting, Martin Hackett said on May 24, 2022, police executed a warrant at a former shop in High Street, Rishton.

There, officers discovered 7.5kg of cannabis, estimated to have a street value of around £75,000. Around £15,000 of THC - the psychoactive substance in cannabis - was also found in edible sweets.

Hall was arrested on June 29 with cannabis found at his property along with keys to electronic security shutters.

Smedley was arrested on the same day and £500 in cash was found at his property, along with a Nokia phone which showed him to be involved in the supply of cannabis.

Gardiner was also arrested on June 29 and told officers he had a tub of cannabis in his kitchen drawer.

Smedley was also involved in a separate incident on Sunday, March 27, 2022, along with co-defendants Shaun Ferguson, 30, Jamie Whelan, 27, and Ashley Bird, 27.

On this date, police were made aware of a group of men leaving a property in St James’ Street, Burnley, with a significant amount of cannabis and in possession of weapons.

The group gained entry at the rear of the property and packed bags of cannabis into a white van, which was driven off at speed by Smedley once it was full.

A police chase ensued but the van was eventually brought to a stop by a stinger.

The court was told Smedley drove through red lights and drove at 80mph in a 70mph zone, 50mph in a 30mph zone, straddling both lanes of the M65 westbound, and failed to stop for police.

Officers found 17 bags of cannabis in the back of the van while a machete was found in the front passenger-side footwell.

When searched, Whelan was found with a knife, Bird was wearing a black balaclava and black gloves, and Smedley was carrying a Phillips screwdriver.

At interview, all provided no comment answers apart from Bird, who stated he was asked by a friend to help move some cannabis.

He said he did not know the other people.

All four pleaded not guilty to aggravated burglary at court but did plead guilty to burglary and possession with intent to supply cannabis.

Whelan also pleaded guilty to producing a controlled drug of class B and abstracting electricity.

He pleaded not guilty to two counts of having a bladed article; Smedley, Bird and Ferguson pleaded not guilty to one count of the same.

The final matters in the case related to Ferguson, who was charged with assault occasioning actual bodily harm, two counts of common assault, handling stolen goods, and two summary offences of driving without insurance and driving without a license.

On September 5, 2020, an argument broke out between Ferguson and his partner. She was grabbed and suffered a fracture to her left finger.

She attended the minor injuries unit and told them she fell down the stairs and hit her hand on the banister.

In a separate incident, she had her hair pulled out and her face marked when it was grabbed.

Finally, on July 13, 2022, at around 7.15pm, an officer was made aware of a vehicle with cloned plates heading towards Accrington town centre.

The van was found near the Tesco supermarket and Ferguson had left the driver’s seat.

He ran from the area but was caught by a police dog. The van, it turned out, had been stolen from Rochdale Road in Halifax, West Yorkshire.

A forfeiture and destruction order was imposed by the court for the weapons, including machetes, knifes, as well as the drugs and drug paraphernalia, and cash.

Sarah Magill, mitigating for Smedley, said he did not have anything to do with the cannabis inside the property nor did he have control over it.

He accepts selling edibles within the premises but his role was limited to this.

With regard to the dangerous driving, she added: “He maintains his plea of guilty. It was a poor piece of driving, an effort to evade arrest that was eventually unsuccessful.”

Ms Magill continued by saying Smedley was a father of five and he and his partner are jointly concerned about the impact this case will bring on their children.

She said: “He is acutely aware it was his decision-making that has put his wife into this situation. For all his faults, he is the anchor holding everything together.”

Christopher Hudson, mitigating for Hall, said he has a partner and a three-year-old child.

He has a good job where he is well thought of and has kept out of trouble since this offence.

Anthony Parkinson, mitigating for Gardiner, said there can be no complaints if an immediate prison sentence follows for his client.

He was assessed by the probation service as being a medium risk of reoffending and a medium risk of committing a harmful offence.

Philip Holden, mitigating for Ferguson, said he was on police bail at the time of being stopped outside Tesco and has already served the equivalent of around 15 months.

He added Ferguson has care of his two-and-a-half-year-old daughter and works two or three days a week supplementing his state benefits.

Umar Shahzad, mitigating for Bird, said his client’s position was different to the other defendants in that he was a man of previous good character, with no previous convictions or cautions.

He added Bird is regretful and remorseful for what he has done and has relocated out of the area.

Finally, Mr Holden, also mitigating for Whelan, said he had a seven-year-old daughter who he sees regularly and he is looking for employment.

Smedley and Gardiner were sentenced to immediate prison.

• Smedley, of Walmsley Street, Rishton, was sentenced to a total of 27 months for burglary, possession with intent to supply, and dangerous driving to run concurrently, and was banned from driving for 550 days.
• Gardiner, of Danvers Street, Rishton, was sentenced to a total of 31 months, with time already spent on tag to go towards that.

The other four defendants avoided immediate imprisonment:

• Hall, of Noble Street, Rishton, was sentenced to 23.5 months suspended for two years and 250 hours unpaid work.
• Whelan, of Hermitage Street, Rishton, was sentenced to 18 months suspended for two years, 20 rehabilitation activity requirement days, and further curfew for six months between 9pm and 6am
• Bird, of Mayor Street, Bury, Greater Manchester, was sentenced to 12 months suspended for two years, 30 rehabilitation activity requirement days, and 180 hours unpaid work.
• Ferguson, of John Street, Haslingden, was sentenced to two years suspended for two years, 40 rehabilitation activity requirement days, 180 hours unpaid work, and was disqualified from driving for six months.