Marin Ndreka guilty of cultivating nearly 30 cannabis plants, facing deportation to Italy
An Italian migrant could be sent packing to his homeland but his lawyer says his involvement in a busted drug crop was just a “matter of happenstance”.
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An Italian migrant is facing possible deportation after he helped grow nearly 30 cannabis plants.
But counsel for Marin Ndreka, 33, of Clearview has told the District Court he had nothing to gain from the crop and should be given a light sentence to avoid being kicked out of the country.
He has pleaded guilty to cultivating a commercial quantity of controlled plants for sale.
Barrister Kristopher Handshin told the court that Ndreka had only offered to deliver “building supplies” to a house where the 27 cannabis plants were being kept and maintained by someone else in 2018.
He described the offending as “trivial” and “passive” compared to others.
“These were not his plants,” Mr Handshin said.
“His preparedness to do these things, given his role in the construction industry, seems to be consistent with what those around him describe as his general kindness and especially preparedness to help others out.
“Of course, in this case, he has done so very irresponsibly and much to his detriment.”
Mr Handshin said there were 12 immature plants and 15 young or semi-mature plants found at the Clarence Gardens property.
He said the fact Ndreka had been caught with so many plants was a “matter of happenstance”.
He said it was “not difficult to conceive that had the police attendance at the property been a little earlier then the quantity of plants would have been well below” the definition of a “commercial” quantity, which is 20 plants.
Mr Handshin said Ndreka, who arrived in Australia in 2017 and is on a work visa, was “not aware of how serious” his offending was.
A sentence of more than a year would likely result in Ndreka’s deportation to Italy.
Mr Handshin said Ndreka wanted to become a permanent resident and deserved a suspended sentence of fewer than 12 months.
Prosecutor Julie-Ann Lake was not opposed to a suspended sentence.
Ndreka will be sentenced in November.