Wagga man avoids jail for 'stupid' experiment in Mount Austin backyard cannabis growing

Charles Tilden, aged 40 and of Mount Austin, pleaded guilty at Wagga Local Court on Tuesday to one charge of cultivate prohibited plant in the form of cannabis at his Mount Austin residence.

Magistrate Christopher Halburd told Tilden he had intended to sentence him to jail before reading further into his background.

"You were on an Intensive Corrections Order (ICO) at the time but not for drugs, though it does prohibit all types of criminal behaviour.," Magistrate Halburd said.

"If the ICO was for drugs you would have gone to jail."

Tilden's solicitor argued his client had work lined up and strong family support.

"Growing the cannabis was more about boredom and curiosity than anything else," the solicitor said.

According to an agreed statement of facts, police received information that Tilden was cultivating cannabis in his backyard and attended the Mount Austin residence on December 16 last year.

The officers saw four cannabis plants in the backyard that were visible from outside the property before knocking on the door and informing Tilden about what they had seen.

In recorded interview, Tilden said "yeah they're cannabis plants. I water them once a week to keep them growing".

He also admitted to being the only occupant at the residence and the only person to tend the plants.

Police entered the property with Tiden's consent and seized five plants that were approximately 30 centimetres in height.

Magistrate Halburd sentenced Tilden to a 12-month Community Corrections Order and 50 hours of community service.

"This was a crime of stupidity more than anything else," Magistrate Halburd said.

"Growing the cannabis was an incredibly silly thing to do while on [an ICO] ."

Magistrate Halburd urged Tilden not to end up back before the court.

"I won't," Tilden replied.

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