No jail time for drugs
A NORTH Queenslander caught growing cannabis and in possession of a “substantial” amount of the dangerous drug has escaped conviction because of the potential impact on his trade as a plumber.
Kieran Anthony Dilena, 35, pleaded guilty in the Ingham Magistrates Court on Thursday to a total of five charges under the Drugs Misuse Act following a police raid on his Braemeadows property on May 27.
Police prosecutor Senior Constable Erin Collis said Dilena had co-operated fully with police when they came knocking at 12.38pm.
She said that police recovered two small cannabis plants, pots, potting mix and fertiliser, about 100 grams of cannabis, two pipes and a set of electronic scales.
Defence lawyer Abbey Huckstep said the defendant worked as a plumber, both self-employed and as a contractor.
“My client instructs me that he broke his back playing rugby league in his 20s and has struggled with crippling back pain ever since.”
She said Dilena had previously been prescribed opioid medication Oxycontin but had become addicted and “his life really spiralled out of control”.
“He instructs that he has only ever used cannabis himself personally to medicate for the pain that he continues to suffer from his injury in his back,” she said.
“There is certainly no allegation of commercialisation in the facts before the court.”
Ms Huckstep said her client, a loving father to two children from a previous relationship, accepted that cannabis was classified as a dangerous drug u n d e r Queensland law.
S h e urged a “d e t e r - rent fine” and that no convictions be recorded. “He instructs me that in the past with some of the contracting work that he has done, police checks have been done before he attends those businesses to work as a plumber.”
Magistrate Scott Luxton took note of Dilena’s honesty with police and early plea.
“There is a substantial quantity of cannabis found in your possession … but this is for personal use,” Mr Luxton said.
“Moving forward as a gainfully employed working man who is working to provide for his family, you have to pursue lawful options when it comes to pain relief.”
Dilena was fined $1500. No convictions were recorded.