By ANEEKA SIMONIS
A MENZIES Creek man sentenced over the cultivation of a commercial quantity of cannabis has been freed from jail.
In November last year, Jason Uri Ivanoff was sentenced to 18 months imprisonment for cultivating a commercial quantity of cannabis in early 2013.
A search warrant issued for the man’s Trumpington Grove home in Menzies Creek uncovered several hydroponic set ups, amounting to 94 plants weighing in at 36 kilograms – qualifying as a commercial haul.
At the time, Ivanhoff’s defence team argued that despite the significant quantity, the cannabis was for personal use.
The prosecution conceded that there was no suggestion that Ivanoff had grown the drug to sell it, admitting paraphernalia general connected with trafficking such as weighing scales, lists of customers or large sums of cash were not located at the property.
The judge ruled the cannabis was cultivated for personal, not commercial use, handing down an 18 months’ jail term along with a two year community correction order and 300 hours of unpaid, community service requirement.
After more than a year behind bars, Ivanhoff was granted an appeal on the grounds that the sentence was too excessive, particularly given the cannabis supply was intended for personal use.
The Court of Appeal heard Ivanhoff is affected by major depression over personal circumstances which had worsened during his time in custody.
Ivanhoff had struggled to interact with other prisoners, being subject to a physical attack resulting in a fractured collarbone.
Ivanhoff was granted an appeal on Thursday 17 October, ending his jail term after 419 days’ imprisonment.
Despite a string of previous drug-related charges, the judge found Ivanhoff “demonstrated that he is capable of living a productive, and enterprising, law abiding life”.
He was also ordered to undergo a one-year community correction order as well as undergo various health treatments.
