A SOUTH East man has been fined $10,000 but spared jail after being caught by police with over 6kg of dried cannabis and seven harvested plants, which were grown using a hydroponic set-up.
Joshua Roy Sealey, 27, appeared in the Mount Gambier District Court to be sentenced for trafficking in a commercial quantity of cannabis and possessing prescribed equipment.
The prosecution said police attended Sealey’s house on October 23, 2016, and found 13 bags of dried cannabis and seven harvested plants in a room and a shed.
If all of the bags had been sold in pound lots they may have generated profits anywhere between $20,000 and $40,000, according to the court.
The background of the offending related to a motorcycle accident the defendant had in 2007.
Sealey began resorting to cannabis for pain relief instead of medication to avoid the side effects he was previously experiencing, the court heard.
In sentencing remarks, Judge Gordon Barrett said Sealey’s use became so great that he was consuming around $400 worth of cannabis a week.
“You succumbed to the temptation to contemplate selling cannabis,” Judge Barrett said.
“It must be said that you were in possession of quite a lot of dried cannabis, which would have realised a substantial amount of money.”
Judge Barrett also highlighted the fact the cannabis was grown using a “sophisticated hydroponic set-up”.
“I accept that you would have used a portion of the cannabis yourself to assist in pain relief, but there was the potential for considerable profit,” Judge Barrett said.
Turning to the defendant’s personal circumstances, Judge Barrett said Sealey had taken a number of steps to achieve rehabilitation since being charged with the offences.
“Having realised the error of your ways, you have set about taking positive steps to rehabilitate yourself,” Judge Barrett said.
“You have sought appropriate adjustment of your medication and you have taken positive steps to get yourself off drugs.”
Judge Barrett sentenced the defendant to three years and two months with a non-parole period of one year and eight months.
“The courts have said that it can rarely be the case that serious drug offending of this sort can result in a suspended sentence,” Judge Barrett said.
“However, there are unusual circumstances in your case.”
The sentence was suspended on Sealey entering a $1000, three year good behaviour bond to be supervised for two years.
He was also fined $10,000 for the offending.
“If you breach that bond in any way, if you re-offend, if you take drugs, if you return positive samples for drugs, if you do not comply with the conditions of supervision, then you will be liable to go to prison for the time that I have fixed,” Judge Barrett said.
