Ingham court: Bernard Clancy avoids jail for cannabis plant bust
A disability pensioner busted with 72 cannabis plants and more than 5kg of dried marijuana flashed a peace sign as he walked from an NQ court.
A disability pensioner busted with 72 cannabis plants and more than five kilograms of dried marijuana smiled and flashed a peace sign as he walked from a North Queensland courthouse.
Bernard Vincent Francis Clancy, 58, pleaded guilty in the Ingham Magistrates Court to producing dangerous drugs, possessing drugs in excess of schedule three, possessing an illegal and loaded .22 bolt action rimfire rifle, and counts each of possessing small qualities of LSD and MDMA.
Police prosecutor Alice Lane said Ingham police executed a search warrant at Clancy’s rental on a 700-acre farm at Long Pocket, north-west of Ingham, on September 3, 2024.
She said police recovered 19 mature cannabis plants and 53 seedlings and smaller plants ranging in height from 5cm to 10cm.
Ms Lane said Clancy admitted the plants were his and that he grew them for personal use because “he can’t afford large quantities of medicinal cannabis so he grows his own”.
She said that in addition, 5.125 kilograms of cannabis were found scattered around the house.
“Police located several containers, zip-lock bags and shopping bags with cannabis inside, these were located throughout the house, including the fridge, the freezer and the bedroom.”
Ms Lane said about 50 seeds were also found, as well as a single tab of LSD and a brown power subsequently identified as MDMA.
She urged a sentence of nine to 12 months’ jail, suspended for a year to 18 months.
Defence lawyer Darren Robinson of Townsville-based legal firm Salt Legal clarified that his client did hold a firearms’ licence at the time of the bust, but one of three weapons in his gun safe was not registered in his name.
He said it was loaded for hunting rats on the rural property.
Mr Robinson said his client and partner who was supporting him in court had a combined income of $980 per fortnight, while his prescription for 20 grams of medicinal marijuana cost $360 and only lasted four days.
He said his disabled client had suffered a number of “horrific accidents” in his life and he used cannabis to medicate for kidney stones, blood pressure, pain relief, a form of Parkinson’s disease and insomnia.
Mr Robinson said his client accepted responsibility for possessing the LSD and ecstasy but they belonged to another person who was not his wife.
Magistrate Cathy McLennan, who noted that Clancy had dated convictions for the same offence in 1998, said it was fortuitous for the defendant that police were not alleging any commerciality and that the matter was not being dealt with in a higher court.
“Obviously you’ve got some medical conditions … but you produced far, far, far in excess of your medical needs.”
Clancy was convicted of all offences and jailed for a head sentence of six months, wholly suspended for two years.
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Originally published as Ingham court: Bernard Clancy avoids jail for cannabis plant bust
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