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Ken Robbins escapes jail for 167 pot plants


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Emmaline Stigwood

 

April 30th, 2009

 

THE 'green-thumbed' widower of former Currumbin councillor Sue Robbins yesterday escaped going to jail for growing 53kg of cannabis plants after proving he had kicked his heavy dope habit.

 

Kenneth Michael Robbins, 62, pleaded guilty to growing 167 cannabis plants on a hill and gully of his Tallebudgera Valley property as well as possessing smaller amounts of the drug and smoking implements last year.

 

Robbins' sentence in the Supreme Court in Brisbane was adjourned until yesterday after Justice Ros Atkinson gave him the opportunity to show he had put a stop to his long-term drug use.

 

Kenneth RobbinsJustice Atkinson yesterday said the issue of whether she sentenced Robbins (pictured right) to serve actual jail time had been finely balanced, but two urine tests showing he was now drug free tipped the scales in his favour.

 

The court was told police searched Robbins' home in March last year and found healthy plants around the property, along with drying cannabis heads, bowls of the drug, grinders and smoking pipes in the kitchen.

 

Robbins admitted to police he had been growing the biggest plants for about nine months.

 

Justice Atkinson said she accepted the large amount of cannabis was grown for Robbins' personal use, although he did admit to sharing some with friends who came to visit.

 

"It might be said that there is no doubt you have a green thumb," said Justice Atkinson.

 

She also noted Robbins' good character references and personal circumstances at the time -- 'including the unhappy fact that you were living in fairly moderate way in the Tallebudgera Valley and your wife died four-and-a-half years ago, leaving you no doubt lonely'.

 

"You appear to have lived an entirely worthy life and, apart from your drug habit, everything you have done has been as a responsible member of the community, including 25 years of service to the Tallebudgera rural fire brigade," she said.

 

Justice Atkinson told Robbins she planned to reduce his sentence because of his rehabilitation and early guilty plea but was constrained because of the sheer amount of cannabis.

 

"Perhaps that is because you have a green thumb and you are a good gardener ... but it was an enormous amount," she said.

 

Robbins was sentenced to 12 months' jail for the production charge, three months' jail for drug possession and one month jail for possessing the drug utensils.

 

He was given immediate parole and warned the next 12 months were 'entirely up to him', with jail time still a possibility if he breached his parole.

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Source: www.goldcoast.com.au

 

:yinyang:

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Yeah I'm siding with ballrot (god, that wouldn't sound good taken out of context)

If this was any other person they would be facing years in jail.

 

On the other hand, he shouldn't have been in court in the first place and neither should anyone else growing Cannabis. But legally this shows how fucked up the legal system is. That's definitely a 'traffickable' amount. His wife died 4 and a half years ago, big deal. I guess if I get caught growing I'll say, man my dog and my Grandma died when I was young, cut me a break, I'm lonely!

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