Energy Theft and Cannabis Cultivation in Rental Property: Ores Company Discovery

2023-11-28 15:49:00

On November 20, 2021, the Ores company was called to an apartment building, located on rue des Viaducs in Nimy. The agents then make a strange discovery.

They notice that a meter is blocked by a metal rod. They discover that the line holder consumes much less than the former tenants. The latter consumed around 6,000 kWh per year, while the man who has rented the apartment since July 12, 2017 only consumes 125 kWh.

The agents note, however, that the new tenant has a fleet of electrical objects that consume quite a lot of energy. A cannabis plantation is discovered, forty-one plants are distributed in two cultivation rooms.

Bill of 20,000 euros

Warned of energy theft and cannabis cultivation, Karim was referred to the criminal court. The latter sentenced him to serve a work sentence of 150 hours (or 12 months in prison) and a fine of 8,000 euros, suspended for three years. The court ordered Karim to pay just under 20,000 euros to Ores.

The case returned to the Court of Appeal on Monday. The facts are no longer in dispute. It is the duration of the infringement period which is the subject of debate on appeal, and therefore the bill to be paid to Ores. The first judge considered that the offense began on July 12, 2017, when Karim entered his rental.

From 2017 or 2019?

The Advocate General requested confirmation of the judgment, considering that the trial judge had the right to modify the infringement period. Me Decoene, for Ores, also asked the court to confirm the judgment. “As early as September 2017, he did research to purchase equipment used to cultivate cannabis,” argues the lawyer.

The defendant says that he did not immediately occupy this accommodation and that his first plants grew outside. Its cultivation indoors would have started in 2019 only. His lawyer, Me Frédéric Guttadauria, asked the court to retain the initial period of the offense, which would allow the bill to be reduced by a few thousand euros.

The judgment will be pronounced at the end of December.

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