Jail for man with almost $20K cash and 1kg of pot
WHEN police searched a South Mackay home, they found almost $20,000 of cash stashed under a mattress and just shy of a kilogram of marijuana.
Mackay District Court heard Robert Henry Milner told police the money was for starting a tow-truck business but later said it was actually the proceeds from trafficking drugs.
The 49 year old, in court last week, pleaded guilty to nine charges including possessing dangerous drugs, and trafficking between April 1 and June 26 last year.
Crown prosecutor Stephanie Gallagher said Milner had been before the Mackay Magistrates Court eight time for drug offences.
"This offending, of course, shows a significant elevation in his criminal history," Ms Gallagher said.
"This offending goes beyond medication … beyond his drug habit and into the realms of profit."
Defence barrister Alastair McDougall said his client's criminal history aligned with someone addicted to marijuana, noting Milner used the drug to deal with Perthes disease in one hip that he developed as a child.
He added Milner was "enormously unhealthy" and "morbidly obese" and was dependent on the disability support pension for income.
He asked Chief Judge Brian Devereaux to take into account Milner's daughter received carer's support to care for Milner and his possible incarceration would add financial burden onto the family.
But Judge Devereaux said Milner's health served no explanation for trafficking marijuana.
"The only reason that your client couldn't actually go to jail would be if there was evidence that his incarceration would impose on him differently from most other prisoners," Judge Devereaux said.
"You (Milner) had bought the large quantity of cannabis the night before at the hotel intending to use it for yourself over the next 12 months.
"Now I don't deny that you may have used that much over 12 months but that's inconsistent with the business of trafficking that you've pleaded guilty to.
"You (Milner) express remorse and regret but that seems mostly about the impact the charges would have on your children.
"That's quite a proper thing to express remorse about but it seems to have escaped your attention that trafficking in cannabis is a very serious offence."
Judge Devereaux sentenced Milner to three years jail for the offending.
Convictions were recorded for all charges.
Milner will be released on parole on March 6, 2021.