Courts / Dublin / Report
DPP fails in appeal against man's suspended sentence for possession of €268k worth of drugs
Summary
The Court of Appeal refused the Director of Public Prosecutions' appeal against Seán Graham's suspended seven‑year sentence for possession of €243,000 worth of heroin and €25,000 worth of cocaine. Graham, aged 26, pleaded guilty in March 2011 and was sentenced by Mr Justice Tony Hunt on 30 March 2012. The DPP argued the sentence was too lenient, citing the ten‑year minimum for drug offences over €13,000. Mr Justice Seán Ryan, President of the Court of Appeal, described the sentence as "very lenient" and noted Graham's admission of responsibility, his drug debt of €100,000, and his participation in a rehabilitation programme. The Court of Appeal upheld the suspended sentence, stating that a harsher penalty would be unjust, and expressed hope that Graham would respect the opportunity granted by the judge. The decision was announced on 2 December 2014.
Who, what, where, when and why
What: Report matter: DPP fails in appeal against man's suspended sentence for possession of €268k worth of drugs. Charges or matters: possession of €243,000 worth of heroin and €25,000 worth of cocaine for sale or supply in Dublin on July 16 2010; the offence. Procedural stage: appeal
When:
- July 16 2010 Incident
- March 30 2012 Incident
- March 2011 Incident
- December 2014 Hearing Or Sentence
- 2014-12-02 Publication
Why: Mr Justice Ryan said the Court of Appeal would simply refuse the application because to do otherwise would not be just. CNI source report
Case subjects
Appellant
Charges: possession of €243,000 worth of heroin and €25,000 worth of cocaine for sale or supply in Dublin on July 16 2010; the offence (Admitted)
Plea: Guilty
Outcome: He then decided to impose a suspended sentence on Graham adding that there would be "a sword of Damocles hanging over him". If the Court of Appeal concluded that Graham's sentence was unduly lenient, Mr Justice Ryan said, he would now be facing a jail sentence in December 2014, having pleaded guilty in 2010, having been in court in 2011 and having been sentenced in 2012.
Places mentioned
- Court of Appeal
- Dublin
- Dublin Circuit Criminal Court
- Chaplains Terrace
- Dublin
Topics
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