Justin Leslie McDonald: Kyogle man sentenced for cannabis cultivation

A Northern Rivers builder, hailing from an eminent rural family, grew more than 700 cannabis plants in one of the most unsophisticated commercial-sized crops a prosecutor had seen.

A Kyogle builder from an eminent rural family who planted 780 cannabis plants has avoided time behind bars after a Crown prosecutor deemed his efforts one of the most unsophisticated commercial-sized crops he had ever seen.

Justin Leslie McDonald, 59, was sentenced on Monday for cultivating cannabis in a commercial quantity.

The court heard the “easily visible” crop was found by a police helicopter that was scouring the Bonalbo area for possible cannabis crops on December 9, 2020.

Police searched the Babyl Creek property a day later and found the 780 small plants, three times the threshold for commercial crops, growing in various maturity.

Imagery tendered to Judge Warwick Hunt showed a garden hose was used to water the crop, killing some plants.

“At least two plants have been knocked down by dragging of the hose and at least one of them has expired,” Judge Hunt remarked.

He said McDonald told police he didn’t know why he was growing the cannabis and had no plans once it was harvested.

Crown prosecutor Peter Woods agreed to this explanation despite some “ambiguity” about motive.

“This is one of the least sophisticated cannabis cultivations for commercial use I’ve seen,” he said.

“I would accept he had no real idea of what he was going to do when they were successfully cultivated.”

Solicitor Vince Boss said McDonald suffered from chronic pain which made his position as a manual builder difficult.

It was heard McDonald thought about using the crops to make cannabis balm and oil to ease that pain.

Upon looking at his numerous references, including those from a Kyogle publican, Judge Hunt said it was “obvious (McDonald) is a much better builder and a family member than a horticulturist”.

Judge Hunt also considered how McDonald had lost contact with family members who thought his “fall from grace” had tarnished the family name.

“Mr McDonald has punished himself in ways beyond the reach of the court powers to punish him,” he said.

Given his otherwise “unblemished” record, Judge Hunt sentenced McDonald to a community corrections order for three years.

He also ordered McDonald perform 150 hours of community service.