Eisa Khayami and Yulia Vaks sentenced for growing a commercial quantity of marijuana for free rent
A business owner denied growing a significant amount of weed alongside his accomplice, claiming the landlord must have set up the grow room while he was away.
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Two weed growers having financial struggles were hoping to dive into the world of criminal activity and “easy money” by selling drugs, a court has heard.
Eisa Abdoinabi Khayami, 40, and Yulia Vaks, 36, were growing a commercial amount of marijuana in their house in exchange for free rent.
The Adelaide District Court on Tuesday heard police located 24 marijuana cuttings in a growing room at a Dernancourt address in May, 2018.
Police also found eight “relatively mature” plants being grown hydroponically in another room.
“I’m satisfied the intention of the cultivation was to grow cannabis to be sold for – at the very least – $10,000,” Judge Ian Press said during sentencing.
The court heard Vaks agreed to grow some of the plants in her beauty treatment room so she could live rent free.
Khayami was then placed under surveillance by police.
Khayami visited a warehouse in Wingfield between December 2018 and February 2019.
“You denied any knowledge of the 26 cannabis plants being grown hydroponically in a shipping container at those premises,” Judge Press said.
Khayami was acquitted of that charge in trial.
Police then attended the Dernancourt address again in February, 2019 and found eight marijuana plants growing hydroponically.
Khayami also denied any knowledge of the plants.
“It was your suggestion … that a landlord must have attended whilst you were absent in Melbourne and set up the grow room without your knowledge,” Judge Press said.
The court heard the landlord was also located at the Wingfield warehouse where Khayami was arrested.
“You had been guarding and looking after those marijuana plants (at the Dernancourt address) for some time, knowing that the harvested cannabis would be sold,” Judge Press said.
Judge Press said he denied Khayami’s evidence that his only reward was free rent but said he believed he would also receive further payment.
Khayami, of Semaphore, was found guilty at trial of cultivating a commercial quantity of plants for sale, while Vaks, of Woodville, pleaded guilty to the same charge.
Khayami, who was born in Iran, met the landlord of the Dernancourt address shortly after moving to Adelaide.
He has since cut ties from him and now owns a jewellery business.
Judge Press said there was no doubt Khayami was a hardworking man.
“The question is whether you will put those efforts into lawful activities rather than looking for ways to make easy money through criminal activity,” he said.
The court heard Vaks, who is a mother-of-two, moved to Australia with her partner.
Vaks moved in with Khayami after her relationship with her partner ended.
She has since moved out and runs a business providing cosmetic and massage services.
Judge Press sentenced Vaks to one year and two months jail, with a non-parole period of eight months.
Due to Vaks limited role in the offending, he suspended the sentence on an 18-month, $100 good behaviour bond, with supervision.
Khayami was sentenced to three years jail, with a non-parole period of one year and nine months.
“You now have a business and a lot to lose if you reoffend,” Judge Press said.
He ordered the sentence be served on home detention.
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