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Kelly Anne McBurnie in court for growing cannabis

A young mother impacted by the housing crisis has been convicted of growing drugs, though she told the court she had been wrongly implicated. Here is what was said:

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A Bundaberg mum living with her parents said she was wrongly implicated in a cannabis growing operation because she lived on the property where it was found.

Kelly Anne McBurnie pleaded guilty in the Bundaberg Magistrates Court on Monday to producing dangerous drugs.

The court heard that at 9:15am on July 13, 2022, police entered a Bucca address on a search warrant, where they uncovered 14 cannabis plants.

Police allege four of the plants were about three to four feet tall (91-122cm); the others were seedlings around 15-40cm.

The court heard McBurnie admitted to being the owner of the plants.

She told the court on Monday the plants were not hers, but she was implicated in the production of them because they were growing on the property where she lived.

“I reside at the property, it’s my parents property, with my two children down back due to lack of rentals in Bundaberg,” she said.

A Bundaberg mum living with her parents said she was wrongly implicated in a cannabis growing operation because she lives on the property.
A Bundaberg mum living with her parents said she was wrongly implicated in a cannabis growing operation because she lives on the property.

“That day we got raided I was with my mother having a coffee with her.

“When the officers got there, I did say they were mine.

“I was scared. I’ve never been in that situation before to be honest with you. It was neither of our plants.

“I didn’t want my mum taking the rap, so I did say that, I did lie.”

Magistrate John McInnes reminded McBurnie that she was charged because she knew the plants were there.

“Possession is based on knowledge, not on ownership,” he said.

McBurnie then admitted that she knew they were there.

Mr McInnes took into consideration her lack of history and her plea.

“I accept what you’ve told me about the knowledge of cannabis on the premises,” he said.

McBurnie was placed on a $500 good behaviour bond for three months and no conviction was recorded.

Original URL: https://www.couriermail.com.au/news/queensland/bundaberg/police-courts/kelly-anne-mcburnie-in-court-for-growing-cannabis/news-story/bbd6f4bb5172cc0bc33275e823e00295