James Morgan Peters faced Cairns District Court on produce and possess cannabis charges

A judge took a compassionate approach to a man whose own dog killed his son when he faced Cairns District Court over a drug growing enterprise near Mena Creek.

Talan Peters, pictured with his father James Peters, was fatally wounded when attacked by one of the family’s three “pigging dogs” at their Mena Creek property in February 2022. Picture: Supplied

A judge took a compassionate approach to a man whose own dog killed his son when he faced Cairns District Court over a drug growing enterprise near Mena Creek.

James Morgan Peters, 30, pleaded guilty to unlawfully producing cannabis, unlawfully possessing cannabis, and three other related charges including having items used to produce dangerous drugs and $300 suspected of being proceeds of an offence.

Police raided his property at Utchee Creek, in the Cassowary Coast region, on October 13, 2022, just nine months after the death of his three-year-old son Talan.

The child, who had two siblings, was attacked by a pit bull owned by Peters, although the dog was on a chain.

Talan was rushed to hospital in Innisfail and placed into an induced coma before being rushed for emergency brain surgery at Townsville Hospital, where the agonising decision was made on January 31, 2022, to switch off his life support.

A couple of months later, Peters and his partner, who have two other sons, broke up, Peters’ defence solicitor Chris Bishen told the court.

Talan Peters, 2, was mauled by his family’s dog and later died in hospital. Photo Supplied

Mr Bishen outlined a challenging life for Peters, saying his father was an alcoholic who died in his own vomit, and some years later, his mother, who had relocated with Peters and his sister to Kurramine Beach, died from a valium overdose.

Prosecutor Tim Watkins said there were three grow rooms in a shed with 278 plants ranging from 5cm to 100cm, grow lights, reflective sheeting, blacked out windows, clipseal bags and digital scales.

“There was a commercial aspect to it but it hadn’t reached maturity, it hadn’t been run particularly long,” Mr Watkins said.

Mr Blishen said Peters had worked as a banana farm manager and for Glencore at Mt Isa Mines.

Peters’ partner had struggled with the death of Talan, Mr Blishen said.

She moved to Townsville and Peters moved too, again working for Glencore, at a copper refinery, to be closer to his children.

His new partner was in court.

“My client instructs me that he was an idiot and surrounded himself with the wrong people and made poor decisions, taking up smoking cannabis was a poor choice,” Mr Blishen said.

“He now gets pleasure in growing orchids and vegetables for the family and enjoys the time he has with his children.”

James Morgan Peters lost his son Talan after he was attacked by one of the family’s three dogs at their property at Mena Creek on January 30, 2022. Talan was rushed for emergency brain surgery to Townsville Hospital but suffered fatal injuries. Picture: Supplied

Judge Tracey Fantin said Peters had a minor and irrelevant criminal history and no previous drug offences.

She accepted while there was no certification, Peters was drug free because he was working in the mining industry where there was random drug testing.

“It was a modest set-up, albeit there was a reasonably large number of plants,” she said.

“I am satisfied to the requisite standard it was produced both for personal use and for potential commercial purpose. I accept a substantial part of the production was for personal use with an eye to the possibility (of) selling some for profit but there is no evidence you actually did that. The amount of cash seized was modest,” Judge Fantin said.

“Tragically, your child died in terrible circumstances, no doubt in part, as a consequence of those events, you started using cannabis for self-medication.

“The offending occurred during a time of making bad decisions, affected by grief and the consequences of the separation,” she said.

“You have continued employment, relocated to Townsville with a new partner, you live with your sister, and your children’s mother has struggled with mental health problems since the event.

“It is important you remain available to care for those children,” Judge Fantin said.

“Ordinarily you would expect to have a conviction recorded, but you are otherwise a person of good character, still a young man.”

Judge Fantin ruled no convictions would be recorded and fined him $3000.

Originally published as James Morgan Peters faced Cairns District Court on produce and possess cannabis charges