Judge rules on drug kingpin’s sentence appeal
A CAIRNS drug syndicate kingpin who was jailed for nine years for trafficking ice will not be given the chance to fight his sentence.
In November 2018, Anthony Peter Wainscott pleaded guilty to nine charges including drug trafficking in Cairns over eight months.
The court was told that despite having a small customer base, Wainscott made a profit of more than $85,000 and his trafficking resulted in a large amount of ice being introduced into the local community.
During a targeted police operation, officers intercepted one of Wainscott's packages which contained 198.6g of pure methylamphetamine.
He was arrested in 2016 and two years later was sentenced in the Cairns Supreme Court to serve at least half of the nine-year sentence behind bars.
Wainscott asked the Queensland Court of Appeal for leave to appeal his sentence, arguing that the sentencing judge made a mistake by taking into account that he had chosen to get bail, rather than stay in custody.
But the Court of Appeal rejected this ground.
In a judgment published online, Justice David Boddice said the judge had not taken this "irrelevant consideration" into account when sentencing Wainscott.
Justice Boddice explained that Wainscott had his sentence cut from 10 years to nine because of a range of mitigating factors.
These included that in the two years since his arrest, Wainscott had straightened out his life and stayed away from drugs.
The judge accepted that Wainscott had the support of family and had a "genuine desire" to lead a law abiding and productive life as a father and a carer of his disabled brother.
It was also taken into account that - through no fault of Wainscott's - there had been a lengthy delay in between his arrest and sentence.
Justice Boddice said the sentence was appropriate and Wainscott's offending was not a "momentary error".
"His conduct involved sustained offending of a cynical, selfish and greedy kind over a prolonged period," he said.
The application for leave was refused. - NewsRegional