Courts / Wicklow / Report
Court almost halves addict's sentence for moving €122k in cocaine
Summary
James Howlin, 29, of Bray, was jailed after pleading guilty to possessing cocaine with intent to supply. He was originally sentenced to 10 years, the mandatory minimum for the offence under the Misuse of Drugs Act 1977. The Court of Appeal found the judge had erred by ignoring mitigating factors such as Howlin's early guilty plea and his status as a chronic addict who moved the drugs to pay a debt. The appeal was allowed and the 10‑year term was quashed. The new headline sentence was seven‑and‑a‑half years, reduced by one year for the early plea and another year to encourage rehabilitation. The Court noted the original judge had not considered these factors in the first instance. The decision was made by Mr Justice John Edwards, with Ms Justice Isobel Kenendy and Ms Justice Úna Ní Raifeartaigh.
Who, what, where, when and why
What: Report matter: Court almost halves addict's sentence for moving €122k in cocaine. Charges or matters: being in possession of a controlled dug with intent to supply to another, contrary to Section 15 of the Misuse of Drugs Act 1977; the offence at the first available opportunity. Procedural stage: appeal
When:
- November 2021 Incident
- October 2019 Incident
- 2022-06-22 Publication
Case subjects
Convicted Person
Charges: being in possession of a controlled dug with intent to supply to another, contrary to Section 15 of the Misuse of Drugs Act 1977; the offence at the first available opportunity (Admitted)
Plea: Guilty
Outcome: James Howlin (29) of Boghall Road Road, Bray, Co Wicklow, was jailed after he pleaded guilty to being in possession of a controlled dug with intent to supply to another, contrary to Section 15 of the Misuse of Drugs Act 1977. Mr Kelly, however, insisted the sentence imposed on Howlin was the correct one. "The maximum sentence for this type of offence is life," he said. "Is it [the sentence imposed] so far away [from the norm] that the court ought to interfere with it?" he asked.
Places mentioned
- Court of Appeal
- Wicklow
- Wicklow Circuit Criminal Court
Topics
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