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Mandatory sentencing in drug trafficking law unconstitutional, High Court finds
Summary
The High Court has struck down a 15-year prison sentence imposed on Sean McManus, finding that Section 27(3F) of the 1977 Misuse of Drugs Act is unconstitutional. Mr Justice Michael Twomey ruled that the provision, which mandates minimum sentences for repeat drug trafficking offenders, impermissibly interferes with the judiciary's constitutional power to determine individual sentences. McManus, 39, from Baldoyle, Dublin, pleaded guilty in 2018 to possession of cocaine for sale or supply at Seascape, Dromleigh, Bantry, Co Cork, where the street value exceeded €13,000. He was previously convicted of drug trafficking in 2009. While his 2018 conviction stands, the judge ordered the sentence to be remitted to the Circuit Criminal Court for reconsideration. McManus's co-accused, Molly Sloyan, 28, from Kinsale, Co Cork, was jailed for ten years with the final three suspended. William Gilsenan and Dean Gilsenan received sentences of seven years with two suspended and ten years with three suspended, respectively. The court noted the defendants were involved in running a "cocaine factory" using solvents to extract cocaine from fabric. The State respondents opposed the action, arguing McManus lacked standing, but the High Court was bound by the Supreme Court's 2019 decision in the Wayne Ellis case, which declared similar mandatory sentencing provisions in the 1964 Firearms Act unconstitutional. The matter will be mentioned before the court at a later date for final orders.
Who, what, where, when and why
What: Report matter: Mandatory sentencing in drug trafficking law unconstitutional, High Court finds. Charges or matters: an offence under the 1977 Act at Cork Circuit Criminal Court in 2018; possession of cocaine for sale or supply at Seascape, Dromleigh, Bantry, Co Cork, on November 26, 2017, at a time when its street value exceeded €13,000. Procedural stage: sentence
When:
- November 26, 2017 Incident
- 2021-06-04 Publication
Why: The Supreme Court unanimously ruled that, in enacting Section 27A(8) of the Firearms Act 1964, the Oireachtas "impermissibly crossed the divide" between the constitutional separation of powers because it sought to decide the minimum sentence to be imposed by the court on some, but not all, persons convicted of listed offences. CNI source report
Case subjects
Convicted Person
Outcome: Molly Sloyan (28) from Abbey Court, Kinsale, Co Cork, was jailed for ten years with the final three suspended.
Background Person
Charges: an offence under the 1977 Act at Cork Circuit Criminal Court in 2018; possession of cocaine for sale or supply at Seascape, Dromleigh, Bantry, Co Cork, on November 26, 2017, at a time when its street value exceeded €13,000 (Admitted)
Plea: Guilty
Outcome: McManus was jailed after he pleaded guilty to an offence under the 1977 Act at Cork Circuit Criminal Court in 2018. McManus's co-accused Molly Sloyan (28) from Abbey Court, Kinsale, Co Cork, was jailed for ten years with the final three suspended.
Applicant
Places mentioned
- The High Court
- The Supreme Court
- Cork
- Cork Circuit Criminal Court
- Circuit Criminal Court
- Brazil. In High Court
- Supreme Court
- High Court
Topics
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