Noodle restaurant and nursery owner Van Bihn Tran didn’t know he had cannabis plants

A Mildura nursery owner just thought a number of cannabis plants he had in his home were “beautiful”, a court has heard.

Mildura business owner Van Bihn Tran pleaded guilty to possessing six cannabis plants and a machete but no conviction was recorded. Picture: Sam Dirkis.

A nursery owner didn’t know he was bringing home cannabis plants when he picked them up in a nearby town, a court has heard.

Van Bihn Tran, who owns a nursery and noodle shop in Mildura, was fined $3500 for possessing the six plants and a machete in the local magistrates’ court.

Police found chemicals for growing plants and a black machete in Tran’s car when he was pulled over in February. 

They then searched his home and found six cannabis plants in his shed, along with seven bags of cannabis.

Defence lawyer Adrian Lewin told the court police had no evidence Tran was selling the cannabis — only that the 53-year-old had come into possession of the plants because he liked the look of them.

“There is no evidence of actual sale, ” he said.

“He took plants home from Yelta, he did not realise what the plants were at the time and only took them because he thought they were beautiful.”

Mr Lewin said the plant set up was “not complicated” and that the whole incident had left Tran feeling “ashamed and embarrassed”.

Magistrate Robert Kumar said, given the submissions by Mr Lewin and that Tran had pleaded guilty, he would not record a conviction. 

“I had some misgiving but your council convinced me,” he said. 

“But for the plea of guilty I would have convicted you.”

Tran was ordered to pay $3000 in fines for possession of cannabis and $500 for possession of the machete.