James Wynd, Roxanne Sutherland: Albury cannabis couple escape jail due to ‘therapeutic’ use

An couple who grew cannabis plants in a sophisticated tent set-up at their defunct Lavington medical supplies business have been given a reprieve.

James Wynd and Roxanne Sutherland outside Albury courthouse.

A couple who cultivated 72 cannabis plants have avoided jail time due to the “therapeutic” use for their crop.

James Andrew Wynd and Roxanne Marie Sutherland faced Albury Local Court on March 22, and pleaded guilty to cultivating cannabis, and possessing a prohibited drug.

Wynd also pleaded guilty to possessing an unauthorised prohibited firearm and an unauthorised prohibited pistol.

Court documents reveal Wynd operated Elite Medical Solutions from a Dallinger Rd property, which stopped opening to the public in 2018.

Wynd started growing cannabis from the same location in 2019.

James Andrew Wynd.

At 2.30pm on December 15, 2020, Wynd phoned 000 to his Dallinger Rd business after suffering a mental health episode.
Emergency services attended the address and took Mr Wynd and his co-accused to hospital.

While at the scene the NSW Fire and Hazmat team discovered the crop and alerted police.

Documents reveal officers discovered 72 cannabis plants inside two large tents which Wynd had erected in one of the rooms at his business.

The tents were complete with an exhausted system and heat lamps.

Police also discovered 4.6g of cannabis seed and 185 of cannabis leaf, as well as a range of illegal gel blasting guns.

After Wynd was released from hospital he was arrested on December 23, where he made “full and frank admissions” to police, even telling police they could find more cannabis leaf in the freezer at his business.

Wynd denied ever making any profit from the cultivation, saying he and his partner — Sutherland — consumed three leaves with every meal to help treat their medical conditions, including Sutherland’s Graves’ disease.

Wynd’s father and daughter supported the couple in court.

Magistrate Richard Funston said it was a “pretty sophisticated operation” and that is was crossing the threshold for jail time.

Roxanne Sutherland.

Wynd and Sutherland’s defence solicitor Sam Mason said it was a difficult sentencing exercise, as Wynd had clearly done his research into the health benefits of cannabis, and that the couple had been “juicing” the plants for consumption.

Ms Mason said Wynd often struggled to sleep due to his mental health.

“Mr Wynd worked as a paramedic of many years and struggles to accept he may have PTSD due to things he saw as a paramedic …” she said.

“They were looking for alternative ways to treat Ms Sutherland’s Graves’ disease.”

Mr Funston decided not to send the pair, who had limited criminal records, to prison.

“I accept there was a therapeutic context to all of this,” he said.

Wynd and Sutherland were each sentenced to an 18-month Community Corrections Order with supervision.