Father and son pot planting team appeal sentences
A FATHER and son caught growing more than $1 million worth of marijuana on a family property and in a national park west of Mackay are arguing their sentences are too high despite a history of the same thing at Gympie.
Howard Kerry Lindsay was sentenced in May to seven years in jail, with parole eligibility after two-and-a-half-years, while his son Anthony Howard Lindsay will be released on parole after serving nine months of a three-year jail term.
Police found about 1500 marijuana seedlings at 10 crop sites at Mt Charlton, north of Finch Hatton, and financial analysts estimated $1.9 million in unexplained income.
Lindsay Snr, a serial drug producer, was on bail at the time for producing 13 marijuana crops on his property at Calen, north of Mackay, in 2009.
When he was caught in 2009, he was on parole for similar offending at Gympie and Tandur.
In 2002, Lindsay Snr planted crops on two properties, about 12,000 plants worth about $68,000 when discovered at seven weeks old.
Authorities estimated it could have been worth many millions of dollars had the crop grown to full maturity and then sold on the retail market.
Police found lots of earthmoving equipment, tractors and other vehicles on the property.
Mr Lindsay was sentenced in 2004 to five years jail, suspended after he had served 20 months.
Barrister Tony Glynn told the Court of Appeal on Monday that Lindsay Snr's sentence should be reduced to four years but it was not clear in oral submissions about the sentence he sought for the son.
He said Lindsay Jr only became involved in the most recent 2012 offending, and had not been involved prior, because of dire financial circumstances looking after a gravely ill son.
Mr Glynn argued about sentencing principles relating to totality and parity within the joint sentencing, even though the father had significant prior criminal history.
Justice Martin Daubney suggested the argument was "attempting to compare apples with peaches, avocados and various other bits of produce that don't fall within an apple orchard".
The Court of Appeal reserved its decision.