Appeal rejected for man who cooked meth in mate's house
AN Ipswich man who was running a meth lab in his mate's house has had his appeal against his sentence rejected by the state's highest court.
Dean Hurst pleaded guilty in the Ipswich District Court in November last year to producing and possessing methylamphetamine and was sentenced to three years and four months behind bars.
His co-offender, who was charged with the same offences, received a two-year jail sentence.
Hurst appealed his sentence to the Queensland Court of Appeal claiming the judge had erred by not giving sufficient weight to the principle of parity when determining his sentence.
His barrister Colin Reid claimed, at the hearing last month, the judge did not distinguish between the two co-accused surrounding differences in their culpability, criminal history, personal circumstances, the reason for turning to drugs and rehabilitation efforts when determining Hurst's sentence.
However, the court heard at their sentencing in December last year, Hurst accepted the agreed schedule of facts, but his co-accused did not.
As a result the co-accused gave evidence as to the disputed facts and was cross-examined.
Justice Philip Morrison, in delivering the court's verdict on Friday, disagreed with Hurst's appeal grounds.
He said the sentencing judge had taken all the relevant factors into account including the fact Hurst was the principal offender and the prime mover behind the attempts at production.
"In my opinion it cannot be said, once a proper consideration of the circumstances of the applicant (Hurst) compared with that of his co-offenders is given, that the sentences imposed could give rise to a justifiable sense of grievance," he said.
"The applicant's greater degree of culpability, his extensive criminal history, and lesser prospects of rehabilitation, explains the greater severity of his sentence."