Courts / Dublin / Report

Man who jumped from growhouse window has appeal dismissed

Date
2016-10-07

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

Nianje He, a 35‑year‑old Chinese national, pleaded guilty in the Dublin Circuit Criminal Court to unlawfully cultivating cannabis in his apartment on 8 May 2014. The court found 126 cannabis plants at various stages of growth, valued at €108,000, and noted a strong smell of cannabis when Garda Seamus Donoghue entered the premises. He had jumped from a second‑floor window after being caught. He was sentenced to three and a half years' imprisonment by Judge Martin Nolan on 20 November 2015. On 7 October 2016, Mr Justice Garrett Sheehan dismissed He's appeal against that sentence. Sheehan said He had been involved in the offence to discharge gambling debts, had expected €10,000 from the harvest, and had committed a further cultivation offence in Galway while on bail for the Dublin offence. The Court of Appeal found the sentence not excessive and gave He credit for six weeks spent in custody for this offence.

Who, what, where, when and why

What: Report matter: Man who jumped from growhouse window has appeal dismissed. Charges or matters: unlawfully cultivating cannabis at his premises on May 8, 2014. Procedural stage: appeal

When:

May 8, 2014 Hearing Or Sentence
November 20, 2015 Hearing Or Sentence
2016-10-07 Publication

Why: He committed a further cultivation offence in Galway while on bail for the Dublin offence Mr Justice Sheehan said He had lent himself to a serious commercial operation and the fact he did so because of gambling debts was not an excuse. CNI source report

Case subjects

Nianje He

Appellant

Charges: unlawfully cultivating cannabis at his premises on May 8, 2014 (Admitted)

Plea: Guilty

Outcome: He was sentenced to three-and-a-half years imprisonment by Judge Martin Nolan on November 20, 2015. The Court of Appeal did not consider the sentence imposed to be excessive.