Courts / Kerry / Report

Vietnamese man "found asleep" in €1.4m cannabis plot has sentence cut

Date
2016-12-19
Stage
Appeal
Primary locality
Tralee
County
Kerry

Summary

Cao Son Nguyen, a 30‑year‑old Vietnamese man with no fixed abode, was found asleep beside a toilet in a unit at the Clash Industrial Estate in Tralee, where cannabis plants potentially worth €1.4 million were growing. He had pleaded guilty to cultivation and to possession of cannabis for sale or supply on 21 October 2013. The original sentence of ten years imprisonment, with the last four years suspended, was imposed by Judge Tom E O'Donnell at the Tralee Circuit Criminal Court. On appeal, Nguyen's counsel, Philip Sheahan SC, argued that the case resembled a growhouse operation and that the DPP's charge of sale or supply was unusual. The Court of Appeal, led by Mr Justice Garrett Sheehan, agreed that the offence had been placed too high on the penalty scale and that Nguyen's circumstances differed from those of his co‑accused.

Who, what, where, when and why

What: Report matter: Vietnamese man "found asleep" in €1.4m cannabis plot has sentence cut. Charges or matters: cultivation as well as possession of cannabis for sale or supply at a unit in the Clash Industrial Estate, Tralee Co, Kerry on October 21, 2013. Procedural stage: appeal

When:

Case subjects

Unnamed man

Appellant

Charges: cultivation as well as possession of cannabis for sale or supply at a unit in the Clash Industrial Estate, Tralee Co, Kerry on October 21, 2013 (Admitted)

Plea: Guilty

Outcome: He was sentenced to 10 years imprisonment with the final four suspended by Judge Tom E O'Donnell at Tralee Circuit Criminal Court. Nguyen successfully appealed his sentence today and was accordingly re-sentenced to seven-and-a-half years imprisonment with the final three suspended.

Places mentioned

Secondary Mention
Court Venue
  • Tralee
  • Tralee Circuit Criminal Court
  • Court of Appeal

Topics

Drugs Stage Appeal

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