Courts / Cork / Report
Man jailed for ten years has half his sentence suspended on review
Summary
In 2009, Donal Heaphy, 59, was sentenced to ten years in prison for possessing €50,000 worth of cocaine on a train from Dublin to Cork. He pleaded not guilty but was convicted. The drugs were hidden in a gold‑coloured champagne box. In 2010 the Court of Criminal Appeal upheld the ten‑year sentence but ordered a review after at least half the term, citing Heaphy's drug addiction at sentencing. In 2014 the court reviewed the case after Heaphy had served five years. Judge Adrian Hardiman suspended the remaining five years, allowing Heaphy to be released on condition of probation, abstaining from drugs and alcohol, and remaining under supervision. The court noted that relapse could lead to a return to prison. The decision was based on a favourable prison officer report and Heaphy's age and stability. The review was conducted under the Criminal Justice Act 1999. The sentence remains suspended pending compliance with probation conditions.
Who, what, where, when and why
What: Report matter: Man jailed for ten years has half his sentence suspended on review. Charges or matters: the charge but was convicted after trial. Procedural stage: appeal. Findings: Convicted
When:
- April 2009 Incident
- September 14, 2005 Incident
- May 2010 Hearing Or Sentence
- 2014-04-28 Publication
Case subjects
Appellant
Charges: the charge but was convicted after trial (Proven)
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; Donal Heaphy (59) formerly of Rock Road, Cork, was jailed for ten years by Judge Seán Ó Donnabháin for the possession of cocaine for sale or supply on September 14, 2005 at Kent Station in Cork. The case came before the Court of Criminal Appeal in May 2010, where the court allowed an appeal against sentence but did not interfere with the ten-year tariff imposed.
Places mentioned
Topics
Related court reports
- Mentally ill man who put fellow psychiatric patient in chokehold to be immediately released into care of UK parents
- 'Alternative dispute resolution': man arranged 'straightener' during which dad-of-seven was stabbed to death
- Brothers who sexually assaulted teenage girls in mid-nineties can now be identified for first time
- ESB worker too late to pursue claim seeking €42k in alleged unpaid overtime
- 'No hand, act or part': Osgur Breatnach's wrongful conviction for Sallins train robbery declared a miscarriage of justice
- Migrant engineer who worked 10-hour days for under minimum wage wins €14k
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request