Courts / Louth / Report

Louth man told he is "very lucky" after drugs sentence is increased on appeal but balance is suspended

Date
2015-03-02

Stage
Appeal

Primary locality
Louth

County
Louth

Summary

The Court of Appeal has increased the sentence of Cathal Murtagh, a Louth man, from five years to eight years for possession of drugs for sale or supply. Murtagh, who pleaded guilty at Dublin Circuit Criminal Court, was originally sentenced in March 2012 for possessing €3.5 million worth of ecstasy and cannabis at a Malahide Road warehouse in April 2011. The Director of Public Prosecutions appealed the original sentence as unduly lenient, arguing the judge failed to adequately consider the offence's presumptive minimum of ten years and the drugs' value. President of the Court of Appeal Mr Justice Seán Ryan imposed the new eight-year term from the date of the original sentence. However, the balance of the sentence was suspended. Mr Justice Ryan described Murtagh as "very lucky" and urged him to "take the chance" given. Murtagh was required to enter a personal bond of €100 to keep the peace and be of good behaviour for five years. Counsel for the DPP, Mr Ronan Kennedy BL, argued the original sentence attached excessive weight to mitigating factors, including Murtagh's status as a "lowest cog" and his lack of prior convictions. Defence counsel, Ms Mary Rose Gearty SC, noted Murtagh had been at liberty since September 30. The court's decision reflects a review of the sentence rather than a new trial, with the suspended portion contingent on the specified conditions.

Who, what, where, when and why

What: Report matter: Louth man told he is "very lucky" after drugs sentence is increased on appeal but balance is suspended. 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 Incident
September 30 Hearing Or Sentence
2015-03-02 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 sentencing him to five years imprisonment in March 2012, Judge Martin Nolan said Murtagh should have alerted gardai when he realised what he was involved in but noted he was the "lowest cog" in the operation. President of the Court of Appeal Mr Justice Seán Ryan said today that the court would impose a new eight year sentence on Murtagh from the date of the original sentence.

Mary Rose Gearty

Defendant