James Gregory Wallace’s appeal dismissed after sentenced to 10 years jail for drug trafficking
A former hydroponic store owner who couriered kilograms of marijuana to a “fictitious woman” in Queensland has failed in his bid to reduce his hefty jail sentence.
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A “sophisticated” drug courier who shipped kilograms of marijuana to Queensland has failed in his bid to reduce his 10-year jail sentence.
James Gregory Wallace, 67, appealed against his sentence, arguing it was “manifestly excessive”, after large cash deposits were found in his bank account.
However, the Court of Appeal, consisting of President Mark Livesey and Justice Sophie David determined Wallace’s 10 year jail term was within the appropriate range.
In a published judgment online, Justices Livesey and David said Wallace sent a total of 18.3kg of marijuana from South Australia to a “fictitious woman” in Queensland between January 10 and January 15, 2021.
Wallace admitted to sending 56 other cannabis consignments by the same method in the six months prior to the offending, which was uncharged.
During a search of Wallace’s home, police found $44,400 in cash, vacuum seal bags and a vacuum sealing machine.
When police went to the Queensland address, they located two men, quantities of cannabis and firearms.
A forensic accounting analysis of the bank records of Wallace and his deceased wife between June 2020 and January 2021 detected $140,350 in unidentified cash deposits.
Wallace, of Clarence Gardens, pleaded guilty to two counts of large commercial drug trafficking.
Justices Livesey and David said Wallace successfully operated hydroponic stores in South Australia and Queensland between 1995 and 2004.
Wallace was also jailed for trafficking in 2007 after police detected just under 4kg of cannabis as well as $55,000 in cash.
Wallace used a courier service to transport cannabis from South Australia to Queensland over a 12-month period and estimated he supplied over 236kg of cannabis and profited to the extent of around $100,000.
A psychological report revealed Wallace, who had chronic pain syndrome and post traumatic stress disorder, self-medicated with drugs and alcohol.
During sentencing, the judge said Wallace’s offending involved deception and planning and he expected to make a profit from the “sophisticated” operation.
“The sentencing judge regarded personal and general deterrence as having a role to play, recognising that the offending in Queensland in 2007 involved a very similar method of operation,” Justices Livesey and David said.
“The sentence which was imposed was high but, in our opinion, within the available range.”
Wallace’s appeal was dismissed.