Courts / Dublin / Report

Autistic man spared jail a second time over €600k drugs bust

Date
2019-01-25

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

An autistic man, Alyn Maginn, 41, was caught with over €600,000 worth of heroin and cocaine in a car park at Dublin Airport. He pleaded guilty to one count of possession on 7 July 2017. Judge Martin Nolan, after noting Maginn's autism and the unclear benefit he derived from the drugs, imposed a wholly suspended five‑year sentence on 23 February 2018, deeming it unjust to jail him. Maginn had already spent seven months in custody before sentencing. The Director of Public Prosecutions appealed, claiming the sentence was unduly lenient, but the Court of Appeal, led by Justice George Birmingham, upheld the judge's decision. Birmingham highlighted the unusual circumstances, including Maginn's difficulty in interviews, his emotional state, and the fact that the drugs were ultimately claimed by a friend who received a seven‑year sentence. The appeal was dismissed, leaving the suspended sentence in place.

Who, what, where, when and why

What: Report matter: Autistic man spared jail a second time over €600k drugs bust. 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 Hearing Or Sentence
2019-01-25 Publication

Case subjects

Alyn Maginn

Defendant

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

Plea: Guilty

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