A man convicted of cultivating a commercial quantity of cannabis at a Tarneit house has had his sentence reduced.
The Supreme Court of Victoria’s Court of Appeal last month heard Troy McClelland, aged in his 40s, was found guilty after a trial at the County Court in September last year.
He was originally sentenced to five years’ imprisonment with a non-parole period of three years and six months.
But last month’s sentencing appeal resulted in him being re-sentenced to three years and nine months’ imprisonment with a non-parole period of two years and five months.
The court heard that McClelland had been charged with cultivating a commercial quantity of cannabis at a house in Kulin Drive, Tarneit, during December, 2013.
On December 30 that year, police searched the premises and found 73 cannabis plants, weighing a total of 61.488 kilograms. Three men, including McClelland, were arrested in relation to the grow house. Police discovered the cannabis plants after a nearby resident informed one of his friends, a police constable, about “suspicious activity” at the house.
During his County Court trial, McClelland said he was friends with one of the other offenders, who was arrested after police executed a search warrant.
But McClelland said he did not live at the crop house and only attended the residence to purchase cannabis.
The two judges presiding over McClelland’s appeal said they accepted there was no evidence to establish he was involved with the lease or maintenance of the Kulin Drive property and that he did not own hydroponic or electrical equipment found at the site.
The judges said McClelland “obviously” did not participate in the cultivation of the cannabis crop at the premises.
The judges said these were among reasons why they would set aside his original penalty and impose a shorter sentence.
