Warning on weed crop
A BELLENDEN Ker cane farmer who was growing dope on his farm has escaped being swept up in the “avalanche” of his criminal history, likely for the last time.
Wayne Redgie Mustafa, 42, returned to Cairns District Court earlier this month – just six months after his last appearance – to plead guilty to two counts of producing cannabis, two counts of possessing cannabis and one count of possessing instructions for growing the drug.
Crown prosecutor Matthew Hancock told the court that on April 13, 2020, police located 97 cannabis plants at Mustafa’s address, weighing a total of 424g. They also located 134g of loose cannabis inside bags and containers in the house, as well as three books that described cannabis production.
The court also heard how on March 23, 2021, police located 30 cannabis plants on Mustafa’s property, weighing a total of 667g.
Mr Hancock said 4.821kg of loose cannabis was also found throughout the property, including 311g in clip-seal bags around the kitchen and drying in Mustafa’s bedroom, and 4.51kg of frozen cannabis material mixed with water.
“Mr Mustafa advised police he’d mixed cannabis trimmings with ice water in the first stage of making hash,” Mr Hancock explained, adding the total weight of the cannabis couldn’t be determined because it was frozen but would be less than 4.5kg.
Owing to Mustafa’s criminal history and noncompliance with court orders, Mr Hancock submitted for him to serve time in custody.
Judge David Kent QC said despite the “avalanche of Mr Mustafa’s criminal history”, the complicating feature was his significant number of health problems.
Defence barrister James Sheridan tendered a number of personal references that described Mustafa as a kind, thoughtful and compassionate man who cared for his elderly parents.
Mr Sheridan said his client’s offending was rooted in chronic back pain from an injury back in 1996 and that he would be “always dependent on some painkiller”.
“I’d be asking Your Honour to give Mr Mustafa one last chance,” Mr Sheridan said.
Judge Kent observed Mustafa “had not quite come to the end of the line yet”. He sentenced Mustafa to 12 months’ imprisonment, to be immediately released on parole.