An elderly man believed to have early onset dementia has been convicted for growing four cannabis plants, in what was described as "quite a sophisticated operation".
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Brian Hornby, 78 years of age, was convicted in Griffith Local Court on Wednesday with cultivating the prohibited plant, as was given a community corrections order for 12 months.
While Hornby claimed not to be the owner of the set-up, and was possibly suffering from early onset dementia, Magistrate Joy Boulos said they were still "objectively serious matters".
Officers from Murrumbidgee Police District discovered the set-up when searching for Hornby on an unrelated matter where he was wanted by police.
Failing to find him at his residence in Tharbogang, officers used bolt cutters to gain entry into a shipping container covered in padlocks and chains, thinking he was hiding in there.
What they found instead was a hydroponic growing set-up containing four 40cm tall cannabis plants.
The room was painted white and had two heated lamps overhead, ducted air conditioning and an irrigation system.
In another adjacent room, they found materials for the creation of another similar set up.
Hornby was later arrested for the other matter and was not offered the opportunity to be interviewed about the set-up.
In August last year, Hornby's solicitor David Davidge declined the interview on his behalf, saying he was of diminished mental capacity due to the onset of dementia.
He said Hornby admitted he "suffered or permitted" the cultivation, having allowed people to place the shipping container on his property and let them use his utilities.
Hornby believed it was used as a work shed, but soon became suspicious that they were engaging in illegal behaviour.
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The court facts described Hornby as someone who has previously had "complete disregard" for the court.
They gave the example he had provided Altina Wildlife Park's address for his bail address, saying he knew at the time "he was not residing at nor able to reside there."
Despite a criminal history relating to matters of violence, Mr Davidge said this particular charge was "very chastening" for Hornby.
Magistrate Boulos, despite calling them objectively serious matters, said she accepted that he had suffered the set-up to be on his property and he was unaware of the set up.
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