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Australia: Pot plant man loses his house

Meagan Dillan

NTNews

Thursday 14 Apr 2011

A MAN who pleaded guilty to two drug offences has lost the property he used to grow his crop.

Mark Wesley Dickfoss, 46, was convicted of growing and possessing cannabis at his Darwin River home and sentenced to 13 months' jail in October 2009.

Police found more than 1kg of cannabis and more than 20 plants at the property, where Dickfoss lived with his father, Alfred Otto Dickfoss.

Acting Judge Trevor Olsson said during sentencing that the cannabis was for personal use and the crimes were "toward the bottom end of the range of seriousness".

But Dickfoss's property was forfeited because it was used for crime.

The Darwin River Rd property is valued at $330,000.

Dickfoss's lawyer, Alistair Wyvill SC, made an application to the NT Supreme Court to have the restraining order on the property removed.

He said the drug offences were "minor or trivial" and losing the property would impose "significant hardship" on Dickfoss.

But Justice Dean Mildren said that the offences were not minor or trivial.

He said the amount of cannabis growing on the property was more than double the minimum required for it to be a commercial quantity.

"The offence carries a maximum penalty of imprisonment for 14 years," Justice Mildren said.

He said it may be accepted that Dickfoss was using the drug as pain relief but there was a chance it could find its way into the hands of others.

"It could be stolen," he said.

Justice Mildren said he accepted Dickfoss would lose his property and home as a result of the forfeiture.

"He is now unable to be employed," he said. But he said losing the property would "not leave him penniless".

"He will inherit - through the estate of his late father - 50 per cent of the sale," he said.

http://www.ntnews.com.au/article/2011/04/14/224811_ntnews.html

 

 

 

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