A Sunshine West single mother of two who was unaware 84 plants were growing in her rented out Werribee property has been given an 18 month suspended sentence for the cultivation of cannabis.
Thu Minh Nguyen, 48, received a jail term of 18 months, suspended for the next two years, after eventually pleading guilty.
The County Court heard on March 18 police, acting on a tip off, conducted surveillance at Nguyen’s Werribee property in Blossom Lane which had closed shutters on every window and “a strong smell of cannabis emanating from the house”.
When police raided the house on June 27, 2012, they discovered 84 cannabis plants growing in four rooms weighing 44kg and sophisticated hyrdoponic equipment.
Powercor confirmed the property was using an extremely low amount of electricity for a residential address.
When police returned to dismantle the setup, Nguyen, a grocery attendant, arrived at the property and was arrested after she attempted to flee over a side fence.
However, Judge Paul Douglas Grant accepted Nguyen was unaware of the extent of the crop or had any interest in it.
“When you discovered your tenant was using the property to grow cannabis, you should have stopped that behaviour or reported it to the police,” he said.
“Although you didn’t know the extent of the cultivation, or have any interest in the crop, in failing to act you put yourself at great risk.”
Judge Grant spared Nguyen jail time on grounds of mental illness.
“I am satisfied that your mental health status (of anxiety and depression)… means that an immediate gaol term would be more onerous for you than it would be for someone without your condition,” he said.
