
A man charged with cultivating, trafficking and possessing marijuana has been granted "leniency and mercy" in a Ballarat Magistrates' Court, escaping jail time.
Magistrate Guillaume Bailin on Wednesday said Patrick Coughlan's situation was "unique", and took into account a psychological report that noted his traumatic history.
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An amount of 388 grams of dried cannabis was found in a factory where Coughlan was living, and 'items consistent with cultivation' were found at the premises.
The court heard the only basis for the trafficking charge was formed on what Coughlan told police when he was interviewed.
Coughlan's defence said the offending stemmed from becoming unemployed throughout the pandemic.
"He was working 7 days per week pre-COVID, when lockdown was implemented he got laid off," the defence said.
"There were periods of no income - that's how he got involved in this venture."
People who have been subjected to trauma in early years - it permeates the rest of your life.
- Magistrate Bailin
Magistrate Bailin said Coughlan's personal history was a "powerful factor" in his sentencing, and cited a legal principle that notes social context to explain the cause of criminal offending and need for advocacy for Indigenous offenders.
"People who have been subjected to trauma in early years - it permeates the rest of your life," he said.
"Protection for the community comes from Mr Coughlan's rehabilitation."
Coughlan received an 18 month adjourned undertaking, which required him to make a promise of good behaviour to the court, and comply with set conditions.
The Magistrate ordered Coughlan to get counselling, and said if he needed further support he could contact the court to be assigned immediate help under the Victims of Crime Assistance Tribunal.
"I just want you to get some support," he said.
"Look after yourself."
- Aboriginal crisis support: Yarning SafeNStrong 1800 959 563 (24/7)
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