A MARYSVILLE man and self–described 'carny' who grew up in the circus has been fined and convicted of charges relating to the cultivation of cannabis.
At Mansfield Magistrates' Court last week, police prosecutors detailed the execution of a search warrant at the accused's residential premises in March last year.
Upon searching the residence police located 10 large cannabis plants, each approximately 1.5 metres in height, in the back garden and chicken coop.
Dried cannabis stored in a container was also located in the garage.
The accused was interviewed, charged and released pending summons.
He made full admissions to cultivating cannabis, telling officers it was for personal use, and he regularly smoked it to help him relax and sleep.
Defence for the accused noted his relevant history of prior offending, which was said to be three pages long, and acknowledged he had been self–medicating for some time.
His counsel further explained that the accused suffered from PTSD which stemmed from childhood events.
Defence said the accused believed he had an enjoyable childhood, but it was transient and displaced, as his family were circus members which meant he and his siblings travelled a lot.
They further alleged that the accused had been molested at the age of nine by a babysitter's son.
This allegedly occurred for a number of years and was known about but not discussed within the family.
The accused's counsel noted that he just accepted it and thought it didn't effect him, until he was around 30 years of age, and with the maturity he'd gained understood it had likely impacted his mental health.
Defence further detailed the accused's hardships, including losing his wife in 2007 to multiple sclerosis, and losing his family home in the bushfires.
They requested the magistrate consider a corrections order to tackle the underlying issues he was suffering.
The presiding magistrate acknowledged the accused's history and health issues, noting he was currently under the care of a physician to treat them, before imposing a conviction, $600 fine, and forfeiture of the drugs and associated paraphernalia for destruction.
