A LONG-TIME Nirranda cannabis grower who was only two plants away from having his house and property confiscated has been jailed for a month.
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Stephen Terrence Rohan, 44, of Great Ocean Road, pleaded guilty in the Warrnambool Magistrates Court yesterday to cultivating and possessing cannabis.
During legal argument about where the case would be heard yesterday, Office of Public Prosecutions solicitor Raeleene Maxwell withdrew a charge of growing a commercial quantity of cannabis — which requires a minimum 100 cannabis plants be found. Police could only prove that 98 plants seized were cannabis.
Rohan’s property was raided by police on November 6 last year and officers found about 100 plants thought to be cannabis.
Analysis of the plants found 98 were cannabis while others could not be classed as such because their roots had been removed or the plants were too small.
Rohan has three prior court appearances for drug matters dating back to the mid-1990s, including two charges of trafficking.
If the growing a commercial quantity of cannabis charge had been proven Rohan would have automatically lost his house and property and could have expected to receive a lengthy jail term.
Police found a highly sophisticated hydroponics growing operation at his Nirranda property, featuring a hidden bunker under a shipping container which was accessed through a concealed sliding trapdoor.
A Ryans truck was called in to assist with the removal of all the equipment, which included a range of electrical components and plant nutrients.
Barrister Con Mylonas, for Rohan, said his client’s offending had been opportunistic after a wasabi growing business failed. He said Rohan grew miniature cannabis plants to make oil for his father, who had cancer.
After magistrate John Lesser decided the case should be heard in the magistrates court and not the county court, where heavier penalties could have been imposed, Rohan pleaded guilty to cultivating and possessing cannabis.
Mr Lesser said Rohan may have had in his mind he was growing cannabis for medicinal purposes but he had also been involved in growing drugs for about 20 years.
As well as being jailed for a month, he will have to complete a 12-month community corrections order with conditions he do 120 hours’ community work and assessment and treatment as required.