Courts / Dublin / Report

Louth man caught with €3.5 million in drugs must await sentence fate

Date
2014-12-16

Stage
Appeal

Primary locality
Malahide

County
Dublin

Summary

The Court of Appeal has adjourned the sentencing appeal of Cathal Murtagh until January 19. Murtagh, a Louth man, pleaded guilty at Dublin Circuit Criminal Court to possession of drugs for sale or supply at a warehouse on Malahide Road on April 25, 2011. In March 2012, Judge Martin Nolan sentenced him to five years' imprisonment. The Director of Public Prosecutions (DPP) appealed this sentence on grounds of undue leniency. Counsel for the DPP, Mr Ronan Kennedy BL, argued that the sentencing judge failed to adequately consider the offence's maximum penalty of life imprisonment and the presumptive minimum of ten years. He further contended that excessive weight was given to mitigating factors, such as Murtagh's guilty plea and lack of prior convictions, while insufficient regard was paid to the value of the drugs, which included cannabis and ecstasy tablets worth over €3.5 million. Counsel for Murtagh, Ms Mary Rose Gearty SC, highlighted that he has been at liberty since September 30. President of the Court of Appeal, Mr Justice Sean Ryan, reserved the decision, meaning the matter was adjourned and not concluded.

Who, what, where, when and why

What: Report matter: Louth man caught with €3.5 million in drugs must await sentence fate. Charges or matters: possession of the drugs for sale or supply at a warehouse unit on the Malahide Road on April 25, 2011. Procedural stage: appeal

When:

April 25, 2011 Incident
March 2012 Hearing Or Sentence
September 30 Hearing Or Sentence
January 19 Hearing Or Sentence
New Year Other
2014-12-16 Publication

Case subjects

Cathal Murtagh

Defendant

Charges: possession of the drugs for sale or supply at a warehouse unit on the Malahide Road on April 25, 2011 (Admitted)

Plea: Guilty

Outcome: In March 2012 Judge Nolan jailed Murtagh for five years, and the Court of Appeal today heard an appeal brought by the DPP against that sentence on the grounds of "undue leniency". Mr Kennedy said the judge failed to place the sentence at the appropriate point on the scale of seriousness and attached excessive weight to the mitigating factors advanced on behalf of Murtagh.

Mary Rose Gearty

Appellant