I only made $1.1m from drug dealing, Your Honour

A CONVICTED marijuana trafficker has asked to have his prison sentence reduced because he only made $1.1 million from his illegal operation - not the $1.3 million his trial was told.

Robert James Upson, who was sentenced to eight years jail and must serve at least half before he is eligible for parole, told the Court of Appeal he had new evidence, born from negotiations during confiscations proceedings against him.

He said two accountants had agreed the figure was more likely $1.2 million and could be as low as $1.1 million after they learned he received a $500,000 accident payout in New Zealand.

"I was under the impression new evidence that proves your innocence (would lead to) another appeal," he said as he requested a time extension to appeal his sentence.

Mr Upson, speaking via video-link from prison, said he believed $200,000 less could have made a real difference in sentence length after reading comparable cases.

"That is someone on the dole's income for 10 years," he said.

"I'm sure my sentence wouldn't have been as harsh as he gave me."

Upson, also known as Bob Carr, was convicted of trafficking marijuana grown on multiple properties on Mount Mulgowie Rd at Coominya between 1997 and 2007.

He did not lodge a tax return in the 10 years from 1997.

Nearly all 347 bank deposits, totalling $1,282,943.93, were under $10,000, the point at which financial institutions must report cash deposits.

There were 27 deposits between $9000 and $9999.

Mr Upson also argued the sentencing judge did not take his health issues into account.

Crown prosecutor Vicki Loury said eight years jail was the sentence Upson's own defence counsel had contended for and Upson had "no prospect of success" in appealing his sentence.

Court of Appeal Justice Martin Daubney said Upson had exhausted his right to appeal his conviction but the court would reserve its judgment on whether he could have more time to appeal his sentence again.

Irrigation providers from Lowood and Gatton testified at his trial that Upson often bought pumps and piping using cash.

The Crown also argued Upson had a thumbprint on a marijuana seed catalogue, had written notes about the drug and had searched for information about producing the drug on his computer.


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