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Drug dealer raises issue of today's court ruling that illegality of certain drugs is now unconstitutional
Summary
In a Dublin Circuit Criminal Court hearing, 25‑year‑old Darren Snee pleaded guilty to possession of cocaine, cannabis and MDMA for sale or supply. Judge Martin Nolan remanded him in custody pending sentencing on 27 March. During the hearing, defence counsel Pieter Le Vert raised the Court of Appeal's recent ruling that the illegality of certain drugs is now unconstitutional, arguing that possession of MDMA, headshop drugs and crystal meth is no longer an offence. Judge Nolan noted that Snee also possessed cocaine and cannabis, which remain illegal, and upheld the remand. The Court of Appeal had declared Section 2(2) of the 1977 Misuse of Drugs Act unconstitutional, but the ruling does not affect substances such as cannabis, heroin or cocaine. Snee's case involved evidence of drug sales, hidden drugs in his home, and a prior burglary conviction. The court will determine his sentence on 27 March.
Who, what, where, when and why
What: Report matter: Drug dealer raises issue of today's court ruling that illegality of certain drugs is now unconstitutional. Charges or matters: possession of cocaine, cannabis and MDMA, otherwise known as ecstasy, for sale or supply at his home on November 18, 2013. Procedural stage: appeal
When:
- November 18, 2013 Adjournment
- March 27 Incident
- Christmas Incident
- 2015-03-10 Publication
Why: Today the three-judge appeal court said that Section 2(2) of the 1977 Misuse of Drugs Act, under which the regulation was brought in, was unconstitutional because it purports to vest in the Government with law making powers which are in the exclusive authority of the Oireachtas. CNI source report
Case subjects
Appellant
Charges: possession of cocaine, cannabis and MDMA, otherwise known as ecstasy, for sale or supply at his home on November 18, 2013 (Admitted)
Plea: Guilty
Outcome: Snee of Oak Court Close, Palmerstown, Dublin is due for sentence on March 27, after the court heard the MDMA had a street value of €17,050, the cannabis was worth €819 and the cocaine was valued at €399. Judge Nolan said as Snee had also been found in possession of both cocaine and cannabis, which have not been made legal, he didn't believe that his remand in custody pending sentence was unfair. "If I thought that doing what I did was injustice to your client, I would allow you to re-enter the case but I am happy with my order," he said.
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