‘Skilful’ pot grower avoids jail
ATauranga retiree busted with a large cannabis crop at his home worth tens of thousands of dollars has narrowly avoided being sent to prison.
A frail-looking John Banks Price, 82, appeared in the Tauranga District Court yesterday for sentencing after earlier pleading guilty to one charge each of cultivating cannabis and possession of cannabis for supply.
Before doing so, Judge Philip Connell withdrew a charge of selling cannabis after the police prosecutor agreed there was no evidence of any actual sales being made.
Judge Connell described Price as a “sophisticated and clearly skilful” grower of a large cannabis growing operation which was found at his Ohauiti Rd home on June 20.
Price was the mastermind behind the purpose-built, large-scale and well-equipped operation.
According to the 11-page police summary of facts, he told police he had been growing and stockpiling cannabis head material with the intention of selling it to pay for a wheelchair and a $100,000 back operation.
During a search of his property, police found 364 well-nurtured cannabis plants and multiple growing operations in a tent, a large shed and a ceiling cavity, as well as more than 2.7kg of cannabis head material.
Police said the value was between $21,000 and $30,000.
Inside a large shed, police found partitioned-off walls and doors creating three separate growing areas, and a professionally made growing tent set up with LED lights on a timer.
Also in the shed were nine large labelled “mother plants” being used to take cuttings to grow further clones, and a hydroponic growing system containing 61 plants.
In the ceiling cavity above the library in the house were two further cannabis growing rooms accessed by a drop-down ladder and 2891 grams of dried cannabis leaf.
Police seized $23,459 in notes found in the lounge..
Police prosecutor Sergeant Helen Murphy told Judge Connell that an agreed sum of $45,000 would be forfeited by Price in recognition of his significant offending.
She said a sentence starting point of three years’ prison was appropriate before any discounts were allowed for personal mitigating factors and the guilty pleas.
A sentence of home detention was not opposed if it got within range, Murphy said.
Price’s lawyer Rachael Adams argued that home detention was a sufficient punitive sentence given her client’s age, “significant health issues” and the $45,000 forfeiture.
Adams said Price was “acutely hard of hearing” and a letter from his GP attested to his frailty and the extra care he would need if sent to jail.
Price had been stopped before any sales could be made, and police accepted the $23,549 found in the house was not profits from sales of cannabis, she said.
Judge Connell questioned how frail Price was given the effort it would have taken to set up the extensive cannabis operation. Judge Connell said he did not consider any of the submissions were “disingenuous” and he was satisfied a sentence of eight months’ home detention was appropriate.
He also ordered the forfeiture of $45,000 to the Crown.
Outside court, Price said he was “very pleased, very relieved and very grateful” that Judge Connell had been merciful.