Franco Virgara avoids jail time for ‘unusual’ case of illegally growing cannabis crop

A truckie with chronic back pain growing weed in two rooms of his house was busted after his roof became too hot, a court has heard.

A Blair Athol truckie has been dubbed “too successful” at growing roughly $27,000 of cannabis according to a District Court judge has sentenced him for the “unusual” crime.

Franco Virgara, 42, pleaded guilty to trafficking in a large commercial quantity of a controlled drug – which has a maximum penalty of a $1m fine or life imprisonment.

But Judge Jo-Anne Deuter said during sentencing Mr Virgara’s case was “unusual” as he had been “too successful” in his enterprise.

“From four potted plants, you harvested a significant amount of flowering cannabis … police found over 17kg of 100 per cent female flowering cannabis across seven drying racks,” Judge Deuter said.

Judge Deuter described the hydroponic set up at the Blair Athol property was “not a simple backyard enterprise” and was “relatively sophisticated” with “a large number of drying racks, electrical generators, fans and artificial lights.”

The court heard police investigated his property because of high water usage and a large amount of heat emanating from his roof.

Some of the dried cannabis found at the Blair Athol home in September 2022. Picture: SA Police

It heard during investigations, no evidence for the sale of the drug could be found.

“As a result of the yield from the plants being greater than expected, you did turn your mind to selling some of the cannabis,” Judge Deuter said.

The court heard Mr Virgara began using cannabis in his 20s to manage pain flares due to a degenerative disk in his back.

After a “serious flare-up” in 2019, the court heard Mr Virgara began to consider growing for his own use, which eventually led to his current offending.

He has since obtained a legal prescription for THC.

Her Honour said Mr Virgara had acknowledged “the pain that your actions have caused to those around you” and “you have been a bad role model for the younger generation.”

“You accept that your conduct is inexcusable and now understand the serious consequences. You take full responsibility and you intend to keep taking steps to make things right,” Judge Deuter said.

The court heard letters in support of Mr Virgara described him as a “caring, thoughtful, trustworthy, motivated and hardworking person”

Judge Deuter accepted those submissions, but the 45-year-old’s offending was a “serious crime” and “could have returned a significant profit, in addition to getting into the hands of very vulnerable people.”

Her Honour sentenced him to two years, seven months and 16 days with a non-parole period of one year and four months.

His sentence was suspended on a $500 two-year, six-month good behaviour bond.

After signing the bond, Judge Deuter told Mr Virgara the court had given him a chance to “redeem” himself, but the same leniency would not apply next time.

“You have lived a very prosocial life up until the time of this offending and I encourage you to return to that life … I wish you all the best with that.”