Courts / Dublin / Report

Suspended sentence for autistic man caught "minding" €600k in drugs too lenient, State says

Date
2018-12-18

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

An autistic man, Alyn Maginn, 41, pleaded guilty to possessing over €600,000 worth of heroin and cocaine at Dublin Airport on 7 July 2017. He was found in a car park, having arrived from Malaga, Spain, and was arrested after a customs officer searched his vehicle. The drugs, valued at €591,752 for heroin and €16,833 for cocaine, were seized. Maginn had not imported the drugs; they were already in the car. A co‑accused, Martin Gilroy, 34, owned the drugs and received a seven‑year sentence. Judge Martin Nolan, on 23 February 2018, imposed a wholly suspended five‑year sentence on Maginn, citing his autism, borderline cognitive ability and the claim that he was manipulated by Gilroy. The Director of Public Prosecutions is seeking a review, arguing the sentence was unduly lenient, while the Court of Appeal has reserved its judgement. The case remains at the appeal stage.

Who, what, where, when and why

What: Report matter: Suspended sentence for autistic man caught "minding" €600k in drugs too lenient, State says. Charges or matters: one count of possessing the drugs at Dublin Airport on July 7, 2017. Procedural stage: appeal

When:

July 7, 2017 Incident
February 23, 2018 Incident
2018-12-18 Publication

Why: " "Because of his particular psychological make-up, it would be unjust to jail him for this particular crime. CNI source report

Case subjects

Alyn Maginn

Defendant

Charges: one count of possessing the drugs at Dublin Airport on July 7, 2017 (Admitted)

Plea: Guilty

Outcome: Holding that it would be "unjust" to jail Maginn, Judge Martin Nolan imposed a wholly suspended five year sentence on him on February 23, 2018. The Director of Public Prosecutions are now seeking a review of Maginn's suspended sentence on grounds that it was "unduly lenient".

Martin Gilroy

Appellant