An East Coast man who dedicated the top floor of his home to an expensive hydroponic cannabis growing operation would have been aware of the probable consequences, a Supreme Court Judge said in sentencing.
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Justice Robert Pearce said that Paul Martin Riley's two previous drug trafficking convictions meant it could hardly be said that he was not aware of the consequences.
Riley, 58, of Goshen near St Helens, pleaded guilty to a count of trafficking in a controlled substance and a Commonwealth charge of causing a controlled drug to be carried by post.
The court heard that on July 28, 2022, a police dog sniffed out a package of 474 grams of cannabis at a post office despite it being packed with tins of lavender in an attempt to disguise the smell.
An investigation revealed that Riley posted the package from St Marys with his sister in Victoria, the intended destination.
On November 11, 2021, police visited Riley's home and found the second storey of his home was almost entirely devoted to the hydroponic cultivation of cannabis.
"Nineteen cannabis plants were growing in a large room fitted with eight high-powered lights, a large carbon filter and ducted aeration," he said.
"A further 20 plants were found in three grow tents fitted with lights, carbon filters and fans.
Police also found a mother plant from which cuttings were taken.
'They also found a bag containing about 120 grams of cannabis bud drying in a tub," Justice Pearce said.
A total of 1376 grams was found-more than the legally trafficable quantity of one kilogram.
In an interview with police Riley said that he had spent the last of his funds on the setup.
"He told police that he was finally about to make some money and the police showed up," the court heard.
While no drugs had been sold, he was guilty of trafficking by cultivating with an intent to sell.
Riley returned to Tasmania in 2019 after working in the construction industry in Victoria to find his home of 22 years had fallen into disrepair and was infested with vermin.
"Your plans to sell it to fund your retirement were compromised," he said.
Riley was self-medicating to cope with a depressive disorder.
Justice Pearce said that despite the potential for a valuable harvest, none of the hoped-for financial gains came to fruition.
"However, a significant factor in sentencing is that you have previously been sentenced for similar offences.
In 2004 you were sentenced to imprisonment for 12 months wholly suspended and fined $7500 for trafficking in cannabis.
"The sentence did not deter you. In 2008 you were again found guilty by a jury of trafficking and sentenced to imprisonment for nine months.
"Police found a hydroponic cultivation setup of a similar nature."
Justice Pearce sentenced Riley to twelve months in jail for trafficking and three months jail for the charge of causing a controlled plant to be carried by post.
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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.
