A 73-year-old man who said he grew a large number of cannabis plants so that he could self medicate for knee pain narrowly avoided a suspended jail term when he was sentenced in the Launceston Magistrates Court.
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Robert William Woodward, of Mayfield, pleaded guilty to cultivating a controlled plant and a count of trafficking in a controlled substance.
Police prosecutor Katrina Woodgate said police found a total of 38 cannabis plants at his home on December 3 last year.
She said plants were labelled with names and the date they were planted and there were power units and other growing aids.
Woodward admitted that all 38 plants were his and it was grown for personal use.
Defence counsel Beri Kurdistan said Woodward's son had severely beaten him and caused a painful knee injury which he treated by using cannabis.
"He has been on a waiting list for surgery for 20 months but is now medicated through tablets," she said.
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Magistrate Ken Stanton said that a sentence of imprisonment would normally result from growing the number of plants that Woodward had.
"It is nearly double a trafficable quantity under the Misues of Druga Act," he said.
He said that in cases of 20 or more plants a defendant was required to prove that they did not intend to sell the drugs.
No evidence was put forward to show he did not intend to sell.
Mr Stanton said that discouraging other potential growers was an important factor in sentencing.
But he said it was mitigating that there was no actual sales of cannabis and he had no prior convictions for drug offences.
"I think a suspended jail sentence would be going too far," he said.
He fined Woodward $3000.
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Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
