Brendan Lycett avoids ‘unjust’ conviction over 1.3kg cannabis brownie bust

A Top End man charged with commercial drug possession following a police raid on his cannabis brownie stash has avoided criminal sanction.

A PALMERSTON man charged with commercial drug possession following a police raid on his cannabis brownie stash has avoided criminal sanction after a judge ruled any punishment would be “unjust”.

Diesel mechanic Brendan Lycett, 30, pleaded guilty in the Supreme Court to one count of possessing a commercial quantity of cannabis following the raid on his Moulden home in April last year.

The court heard Lycett was pulled over for a roadside breath and saliva test on April 24 and when asked when he had last smoked cannabis, volunteered that he “ingested” it instead and “had cannabis biscuits in (the) fridge at home”.

Lycett recorded a blood alcohol reading of 0.093 per cent and police subsequently applied for a warrant to search his home where they found 23 cannabis brownies and nine cannabis biscuits.

In sentencing, Justice Peter Barr said the total weight of the illicit treats amounted to well over a kilogram, meaning the stash met the legal threshold for a commercial quantity of drugs.

“The reason for that deeming is that the Misuse of Drugs Act … provides that a mixture, that is a mix of dangerous drugs and other substances, is to be assessed for its total weight or mass, not just the weight of the drugs,” he said.

But Justice Barr said the letter of the law should be applied with caution in circumstances where “where the weight or mass of the medium or admixture was grossly disproportionate to the quantity of drug involved”.

“The provision makes sense where drugs such as cocaine or heroin are mixed with a cutting agent and the drugs cannot be extracted from the mixture and weighed separately,” he said.

“(However) it is clear that your possession offence is in a very different category of offending to that of someone who was in possession of 1.3 kilograms of cannabis in vegetable form.”

In dismissing the charge without conviction, Justice Barr said he took into account the fact the police only became aware of Lycett’s cookie contraband when he volunteered the information and it was not intended for commercial supply.

“Your counsel concedes, again I assume based on your honest instructions to her, that you may have shared the brownies and biscuits with friends, but otherwise, the brownies and biscuits were for your own personal use,” he said.

Justice Barr said it also appeared Lycett had a “genuine reason” for indulging in the forbidden delicacies, which he used to treat chronic back pain.

“Although it appears you have a genuine reason, as the law stands it is not a lawful reason, as I am sure you appreciate,” he said.

“Because of the particular circumstances just referred to, I am of the opinion that there should be no penalty of imprisonment, even for the minimum mandatory term specified in the act,” he said.

“Moreover, I am of the view that to record a conviction against you for the possession of a commercial quantity of cannabis would be unjust.

“It would be quite disproportionate to the nature of your offending when it is properly considered … without proceeding to conviction, I direct that the charge be dismissed.”