A Supreme Court judge has expressed scepticism about the story of an East Coast surfer who claimed he found a cannabis crop and helped himself to an amount that could have fetched up to $290,000 on the street.
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Justice Robert Pearce made his comments when sentencing Shane Michael Hodge, 58, of Falmouth, who pleaded guilty to trafficking in a controlled substance between April 1 and August 18, 2023.
"I confess that I experienced some scepticism about how this somewhat obscure account of occasional covert harvesting of cannabis grown by others could be consistent with the quality and quantity of the cannabis found and the meticulous manner in which you processed, packaged and concealed it," he said.
The court heard in April that Hodge was surfing at a remote place on the East Coast when he spotted unusual activity on shore.
A regular at the surf spot, he was not used to seeing anyone else around.
He noticed the people stayed for some time and investigated.
When he found a very large drug crop comprising four compounds he decided to help himself, his defence lawyer Fran McCracken told the court.
The court heard that the police involvement began when they called at Hodge's home to talk about an unrelated matter.
He volunteered that he had some cannabis at another address.
When he took police to a caravan parked at a friend's house he removed panels and brackets behind which was stored 10 packages of rectangular bricks of cannabis wrapped in polystyrene.
The bricks were compressed and weighed between 1362 grams and 1410 grams.
The court heard that the cannabis was valued between $108,000 and $130,00 if sold by the pound but up to $290,000 if sold in $25 street size deals.
The bricks had pepper inside and had been sealed inside a storage area with silicon so that the smell would not escape and had mothballs to deter insects.
The court heard that the caravan, worth $63,000, belonged to Hodge, but was registered and parked on a friend's property.
When interviewed by police Mr Hodge was asked if he intended to sell the drugs.
"I just don't know anyone to sell to," Mr Hodge said.
He told police he had financial troubles and hoped it would get him out of debt.
Ms McCracken said Hodge had volunteered to police that he had the cannabis.
"He was sick and tired of being in possession and did not not know what to do about it," she said.
Ms McCracken said he had no experience in trafficking and there was no evidence of any sales.
During the plea hearing, Justice Pearce quizzed Ms McCracken about the submission including the remarkable consistency in the weight of the packages.
In sentencing, Justice Pearce said that Hodge's account had not been controverted by the state and that there had been no evidence of sales.
He said that Hodge had no real idea how to realise the crops value and how to go about selling it.
"Having regard to the large quantity and potential value of the cannabis involved, imprisonment is the only appropriate sentence," he said.
Hodge was sentenced to 15 months' jail which was wholly suspended for two years on the condition he commit no offences.
"The sentence is aimed at providing a strong disincentive to future criminal conduct," Justice Pearce said.