Judge rejects cannabis claims

A MAN who had 888 cannabis plants told police he was using marijuana in a bid to give up smoking cigarettes was convicted in Cairns District Court on Friday.

Stueart Fredrick Martin, 58, pleaded guilty to producing cannabis over 500g and possessing cannabis over 500g.

He had 888 cannabis plants of up to 3m high and more than 4kg loose leaf cannabis found in two raids.

Defence barrister Elliott Boddice told the court Martin was using cannabis in a bid to quit smoking cigarettes.

But Judge Dean Morzone, KC, refused to accept that and said he was concerned about Martin’s recidivism.

“If you want to quit smoking there are many other ways, not producing 888 plants,” Judge Morzone said.

“I am not accepting this, did he use patches, did he use nicorettes – it doesn’t even make sense,” he said.

“He was cooperative, but frankly, he was caught redhanded,” Judge Morzone said.

Prosecutor Lauren Hall said police attended his 80 acre property at Silver Hills, near Mt Garnet, in January 2022 on an unrelated matter and saw four cannabis grow sites.

She said there were 512 plants ranging from 30cm high to 3m high and 76 seedlings, and 1.395kg of cannabis in seven bags in his residence and there was no evidence of commerciality.

Martin was charged and released on bail.

Police visited again in August 2022.

They found a further 300 plants which weighed 19kg with roots removed and a shed with a portable smoker drying 2.7kg of loose leaf cannabis.

“The plants were well cared for and grown in fertilised pots,” Ms Hall said.

Judge Morzone gave a head sentence of eight months with release on parole from March 24, taking into account time served.