IN COURT: Man caught with 270 grams of cannabis
A MAN has been convicted in court after police found 11 cannabis plants, 270 grams of cannabis and 43 cannabis seeds in and around his donga.
The Biloela Magistrates Court heard that 29-year-old Dean George Berry had been growing cannabis plants, some up to 2m tall, for his personal use, 50m away from his donga on a Dumgree property.
Police prosecutor Jessica King told the court today that, in a search warrant executed by the Biloela police’s Criminal Investigation Branch on October 28 2019, police found that Berry had been growing 11 cannabis plants with heights varying from 10cm-2m.
“While searching the donga and the surrounds, police located seven glass pipes, a water pipe and an electric grinder,” Ms King said.
Following the search, Berry was subsequently charged with possessing a dangerous drug, possessing drug utensils and unlawfully producing a dangerous drug.
In her submission to the court, Ms King suggested that, given Berry’s criminal history which includes being fined $1000 in May 2019 for possessing a dangerous drug charge and the height of some of the cannabis plants, a suspended term of imprisonment would be an appropriate sentence.
Berry’s defence lawyer R.C Parks told the court he agreed with a term of a suspended sentence but submitted that three months would be more suitable.
In handing down her sentence, Magistrate Philippa Beckinsale told Berry that he was lucky there was no commerciality alleged by the prosecution which would produce a more severe sentence.
“It appears quite immediately you’ve continued to go about it all even after appearing before this court on a similar charge last May,” Ms Beckinsale said.
“You’ve not just continued to produce this plant but, with a 2m tall plant, it’s been some time in the growing.
“It’s the producing drug charge that attracts a term of imprisonment.”
Pleading guilty to all three charges, Berry was sentenced to three months imprisonment for the charge of producing a dangerous drug, one month imprisonment for possessing a dangerous drug and 14 days imprisonment for possessing utensils.
All those terms of imprisonment to be served concurrently and convictions recorded.
“A suspended sentence hangs over your head for a period and if you commit a similar offence the sentence is likely to be activated and serve time in prison,” Ms Beckinsale said.