Philip Kennedy appeals jail sentence for Bayswater drug lab

A man in his 70s who leased a factory in Bayswater to run a “sophisticated” drug lab for two years has failed in his bid to have his jail term reduced. A police raid of the factory revealed more than 34kg of cannabis growing inside.

An elderly man ran a drug lab inside a Bayswater factory.

An elderly man who ran a “sophisticated” drug lab inside a Bayswater factory for two years has lost a bid to have his jail term reduced.

Philip Kennedy told police he had leased the factory for the sole purpose of growing cannabis, which he had been selling for up to 18 months, the day after he was arrested in September 2017.

Police had just raided the factory and found more than 34kg of cannabis growing inside, on top of the 580g of cannabis and $9770 cash they uncovered at his home in Mary St, Ringwood East.

Kennedy, who had two previous convictions for trafficking cannabis, told police he had been growing and selling the drug to help out one of his sons, who was suffering financially.

Kennedy’s case was heard before the Court of Appeal on June 5.

He said he had acted entirely on his own and admitted to installing an electrical bypass to steal electricity for his hydroponic set up.

The father also admitted the almost $10,000 in cash found on the top shelf of his wardrobe was the proceeds of his drug dealing.

Kennedy’s legal team emphasised this co-operation with investigators when they tried to have his sentence reduced before the Court of Appeal earlier this month.

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They argued the five-year jail term, which included a non-parole period of three years, Kennedy had been handed in the County Court in July 2018 for the crimes was “manifestly excessive”.

Kennedy had pleaded guilty to cultivating a narcotic plant, theft, trafficking a drug of dependence and dealing with property suspected of being the proceeds of crime.

The 73-year-old’s lawyers argued his admissions had been the only source of evidence indicating how long he had been cultivating cannabis.

They said the sentencing judge had not given “appropriate weight” to Kennedy’s co-operation with authorities, remorse and rehabilitation prospects.

But Judges Stephen Kaye and Phillip Priest told the Supreme Court on June 5 they were not persuaded the sentence was inappropriate and refused the appeal.

They pointed to the seriousness of Kennedy’s offences, and his “sole motivation” of “financial reward”.

“The amount of cannabis under cultivation at the factory premises constituted a commercial amount,” Judge Kaye said.

“The operation at the factory was sophisticated and well organised.”