Man caught with cocaine on a party bus loses appeal
A MAN caught with cocaine, marijuana and amphetamines while celebrating his 50th birthday on a "party bus" headed to the Birdsville races has lost a bid to reduce his sentence.
Kevin David Power was caught during a police traffic stop, set up where the Mitchell Highway intercepts with the Balonne Highway, near Cunnamulla, in August, 2011.
He was sentenced in July to four years jail, with parole eligibility after 16 months, but argued in the Queensland Court of Appeal last week that was too high.
Power had more than 18g cocaine, 460g marijuana and about 2g amphetamines on the private bus.
The plastic bag with the cocaine was hanging from his underwear.
Police also found $8000 cash, $1000 worth of meat and 21 cartons of beer for what they claimed was a birthday trip from NSW.
Power tried to argue the cash was pooled money his friends had saved and he was merely looking after it.
He said the clip-seal bags, scales and other drug-related paraphernalia found was simply so the drugs would be distributed evenly on the "party bus".
But it was accepted at sentence that there must have been a commercial element.
A psychiatrist report at sentence detailed how Power was drug free for 20 years until his marriage failed and he embarked on a voyage of self-destruction involving alcohol and drugs.
Justice Martin Daubney said, in a Court of Appeal judgment handed down on Friday, that the sentencing judge seemed to have taken all relevant matters into account, including a long criminal history, when passing sentence.
"I am not satisfied (Power) has demonstrated that the sentence imposed in this case was manifestly excessive," he said.