Courts / Cavan / Report
Drugs mule who transported €400k in cannabis has sentenced reduced by three years
Summary
A man from Killeshandra in County Cavan has had his sentence reduced by three years following a successful appeal at the Court of Appeal. Malachy Boyle, aged 45, was originally sentenced to ten years imprisonment with three years suspended in July 2010 for transporting cannabis valued at over €400,000 from England to Ireland in his lorry. He had pleaded guilty at Dublin Circuit Criminal Court to possessing 47 kilograms of cannabis resin and 10.7 kilograms of cannabis herb discovered at Airside Retail Park in Swords, County Dublin in October 2009. The Court of Appeal found the original sentence excessive and disproportionate. The presiding judge noted that Boyle had pleaded guilty at the earliest opportunity, displayed significant remorse, and was a man of good character who had been on temporary release since December 2013, working in the community. The court imposed a new sentence of seven years with two years suspended, dating from July 2010.
Who, what, where, when and why
What: Report matter: Drugs mule who transported €400k in cannabis has sentenced reduced by three years. Charges or matters: the possession of 47kg of cannabis resin and 10.7kg of cannabis herb valued at €413,600 for sale or supply at Airside Retail Park in Swords, Co Dublin on October 17, 2009. Procedural stage: appeal
When:
- July 2010 Hearing Or Sentence
- October 17, 2009 Incident
- December 2013 Hearing Or Sentence
- 2014-11-13 Publication
Case subjects
Defendant
Charges: the possession of 47kg of cannabis resin and 10.7kg of cannabis herb valued at €413,600 for sale or supply at Airside Retail Park in Swords, Co Dublin on October 17, 2009 (Admitted)
Plea: Guilty
Outcome: He submitted that the judge erred in imposing a sentence that was disproportionate having regard to the fact that Boyle was an accepted drugs mule, had pleaded guilty at the earliest opportunity and showed significant remorse. During the sentencing hearing Judge Hogan said he was not prepared to exercise his discretion to impose a lesser sentence than the prescribed minimum of ten years, but was prepared to "cushion" Boyle against such a sentence, having regard to mitigating factors, by imposing a sentence of ten years with three years suspended.
Places mentioned
- Court of Appeal
- Dublin
- Dublin Circuit Criminal Court
- Airside Retail Park
Topics
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