A ONE Tree Hill man will spend at least 15 months in prison after he was caught growing cannabis in his back shed.
Robin Johnathon Perks, 42, was sentenced in the Adelaide District Court last Wednesday after pleading guilty to trafficking in a large commercial quantity of cannabis, cultivating cannabis for sale, possessing prescribed equipment and diverting electricity.
He was sentenced to two years, 11 months and one week behind bars, with a non-parole period of 15 months.
The court heard police attended Perks’ One Tree Hill property on June 25, 2019, and located more than 5kg of dried cannabis in one shed and two grow rooms housing six plants each.
Police also uncovered ballast boxes and spare lights in the grow shed and the electricity meter had been bypassed.
The dried cannabis was believed to be worth between $35,000 and $80,000, depending on how it was sold, while the plants were unable to be valued.
Judge Stephen McEwen said Perks is a business owner and “family man” who was approached by an acquaintance to start up the “enterprise”.
Perks’ counsel requested he be handed a suspended or home detention sentence, but Judge McEwen found “no good reason” for him to avoid prison.
“The enterprise was a significant and ongoing one motivated primarily for financial gain and involving a significant amount of cannabis of significant value,” he said.
“As such, these offences attract general deterrence as a significant sentencing consideration.
“Despite Mr Anders (Perks’ lawyer) very thorough submissions, I do not consider there is good reason to suspend, nor do I consider home detention would be appropriate, even assuming it is an option in this case.”
Perks took up cannabis use to deal with back pain as a result of an 1989 accident on the O-Bahn bus track when he was a child.
He has a wife and three children and operates a Klemzig crash repair business.
Judge McEwen, during sentencing, urged the media to “get the message out” that drug suppliers would be dealt with harshly by the courts.
“General deterrence only works if the community have access to accurate and useful information such as what is occurring here,” he said.
“Drugs are a ubiquitous and serious problem in society. That is why Parliament treats drug production and distribution very seriously.
“Consumers of drugs are treated with a degree of sympathy and assistance to address their drug problem. Suppliers of drugs are treated very differently by the law.
“If you make that decision to get into the supply chain of drugs you are very likely to go to jail.”
