A Midlands man who grew and sold cannabis to help people in severe pain after seeing its impact on his sick wife has been handed a merciful suspended sentence in the Supreme Court.
Andrew Leslie Irving, 74, pleaded guilty to trafficking cannabis between May 2020 and July 2022.
Acting Justice Shane Marshall specifically cited “mercy” as a key reason for suspending the 12-month prison sentence.
The court heard Irving’s journey into medicinal cannabis began with his wife’s degenerative neurological condition, where cannabis provided crucial pain relief.
After witnessing the benefits firsthand, his wife encouraged him to help others facing similar struggles.
“Mr Irving’s interest in assisting others resulted in him undertaking a business in supplying medical cannabis,” Justice Marshall said, adding that Irving’s actions, though illegal, had “very commendable noble aspects to them”.
“At the time of the offending, it was exceedingly difficult for people in dire pain to seek relief by the use of medicinal cannabis. So much was especially so in Tasmania, more than anywhere else in the country.”
The court acknowledged Irving’s compassionate motives, with Justice Marshall noting there was “no evidence that anyone was harmed” by his actions.
“Given the poor health of Mr Irving and his primary motivation of helping people who, like his deceased wife, were able to benefit from medicinal cannabis, this is a matter where it is appropriate for the court to take into account mercy as a criterion in this sentence,” he said.
The operation was described as “very small scale”, with no sign it was intended for recreational use or made significant profit. Over two years, it brought in around $42,000.
Irving cooperated fully with police and made early admissions after his property in Oatlands was searched in July 2022.
While Irving must forfeit $4,000 in cash and pay a substantial penalty of $42,454.39, the court recognised his previous good character and the heartfelt testimonials from those whose suffering he had helped ease.
