Courts / Tipperary / Report

'Upper echelon' gang member had 5kg of cocaine in potato bag

Date
2022-07-25
Stage
Appeal
Primary locality
Thurles
County
Tipperary

Summary

The Court of Appeal has adjourned the sentencing appeal of James Curtis (51), from Reiska, Kilcommon, Thurles, Co Tipperary, to Friday, when it is hoped the court will be in a position to give judgment. Curtis was jailed for five and a half years at Nenagh Circuit Criminal Court in October 2021 after pleading guilty to possessing €647,000 worth of cocaine for sale or supply, contrary to Section 15 of the Misuse of Drugs Act, and possessing €376,550 knowing or being reckless as to whether it was proceeds of criminal conduct. The State, represented by Tom O'Malley SC, argued the sentence was unduly lenient, alleging Curtis was an "upper echelon" gang member caught red-handed with 5kg of cocaine in a potato bag and further drugs and cash buried nearby. The State contended the pre-mitigation headline sentence should have been at least 10 years, citing his suspended sentence status and previous convictions as aggravating factors. Defense counsel Colman Cody SC argued the guilty plea remained relevant in mitigation and that Curtis may have been under the grip of the gang. The court noted no indication of duress. The matter was adjourned and is not concluded.

Who, what, where, when and why

What: Report matter: 'Upper echelon' gang member had 5kg of cocaine in potato bag. Charges or matters: possessing €647,000 worth of cocaine for sale or supply, contrary to Section 15 of the Misuse of Drugs Act; being in possession of €376,550, knowing or being reckless as to whether or not the money was proceeds of criminal conduct and was jailed for five and a half years. Procedural stage: appeal

When:

Case subjects

James Curtis

Convicted Person

Charges: possessing €647,000 worth of cocaine for sale or supply, contrary to Section 15 of the Misuse of Drugs Act; being in possession of €376,550, knowing or being reckless as to whether or not the money was proceeds of criminal conduct and was jailed for five and a half years (Admitted)

Plea: Guilty

Outcome: James Curtis (51) with an address at Reiska, Kilcommon, Thurles, Co Tipperary, was jailed at Nenagh Circuit Criminal Court in October 2021. The court heard that while serving a suspended sentence Curtis was "caught red-handed" in a field near his home in possession of a potato bag containing 5kg of cocaine.; Court of Appeal President Mr Justice George Birmingham said the matter would be adjourned to Friday, when it is hoped the court will be in position to give judgement.

Places mentioned

Court Venue
  • Court of Appeal
  • Nenagh
  • Nenagh Circuit Criminal Court
Incident

Topics

Drugs Stage Appeal

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