A LEWISTON man has been spared jail despite police finding 42 cannabis plants growing in an underground bunker at his home last year.
Mark William Powell, 45, faced the Adelaide District Court on September 25 after pleading guilty to the cultivation of cannabis, trafficking a controlled drug, the possession of proscribed equipment and diverting electricity.
The court heard how police searched Powell’s Lewiston home on August 9, 2018, and discovered the plants growing hydroponically in an underground bunker, as well as mouldy cannabis that was being dried, 26 light shades, 25 transformers and 54 light globes.
A Technical Regulator officer also confirmed the property’s supply of electricity had been diverted from the main power meter.
The estimated value of the drugs found on the property was between $16,000 and $26,000.
In subsequent interviews with police, Powell admitted to growing the plants, but denied they were for commercial use.
During sentencing, Judge Jack Costello explained how Powell was growing cannabis to trade for methamphetamine, which he had become addicted to following the death of his brother, but had stopped using shortly before his arrest.
“It is trite to observe that your addiction to drugs has destroyed an otherwise productive personal and working life,” he said.
“Nevertheless, and on a more positive note, since you were charged with these offences you have taken meaningful steps to turn your life around.
“You have ceased using drugs.
“Regular pathology urine analysis tests, taken over the last six months have all been negative which serves to confirm my view as to your resolve to remain drug-free.”
Judge Costello handed Powell a two years and four months suspended prison sentence for the offending, with a non-parole period of 14 months.
He said Powell’s conduct since being arrested and lack of need for personal deterrence gave him good reason to suspend the prison term.
“In short, the court has taken somewhat of a chance on you; given you a chance to demonstrate that what you have been doing over the last 12 or so months, or maybe longer, will continue and that you will continue on a path from criminal behaviour to being a worthwhile contributor to the community,” he said.
“You appear to have some good supports out there to help you to do it but, ultimately, it will be you who determines whether it happens or not.”
