Courts / Dublin / Report

Dublin man has 10-year jail term for possession of cocaine reduced after successful appeal

Summary

Stephen Geraghty, aged 50, of Clondalkin, had originally received a ten‑year prison sentence for possession of €350,000 worth of cocaine in 2004, to run consecutively with a two‑year sentence for a 2003 cannabis offence. The Court of Appeal quashed the ten‑year term because Geraghty had not been convicted of the 2003 offence at the time he committed the 2004 offence; he was on bail and later absconded. He was convicted of both offences on 2 February 2010 after surrendering to Gardaí in 2009. The Court held that the mandatory ten‑year minimum applies only when a prior conviction exists before the second offence. Consequently, it imposed a new seven‑year sentence with 18 months suspended, back‑dated to 16 April 2011, and a five‑and‑a‑half‑year term for the 2004 offence, to run consecutively. The decision was made by Ms Justice Mary Finlay Geoghegan, Mr Justice Garrett Sheehan and Mr Justice Gerard Hogan. Stephen Geraghty pleaded guilty.

Who, what, where, when and why

What: Report matter: Dublin man has 10-year jail term for possession of cocaine reduced after successful appeal. Charges or matters: possession of cannabis worth over €4,000,000 for sale or supply at Nutstown, Clonee on November 27 2003 and possession of €350,000 worth of cocaine for sale or supply in Lucan on May 30 2004; both and was convicted of both on the same date, February 2 2010. Procedural stage: appeal

When:

• November 27 2003 Incident
• May 30 2004 Incident
• December 13 2011 Incident
• November 2003 Incident
• May 2004 Incident
• September 2004 Incident
• February 2 2010 Incident
• April 16 2011 Hearing Or Sentence
• 2003 and 2004 Incident
• 2014-12-15 Publication

Why: However, Geraghty's ten-year prison sentence for the 2004 offence was set aside earlier this month because he was not "actually convicted of the first offence at the time he committed the second offence," according to the Court of Appeal's judgment. CNI source report

Case subjects

Places mentioned

Topics

Drugs Stage Appeal

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Read the original CNI report