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Dublin man fails in appeal against conviction brought on basis he may have touched bag of drugs innocently
Summary
Gary Hanley, 26, of North Great Clarence Street, Dublin 1, was convicted of possessing five bars of cannabis resin for sale or supply at the Alfie Byrne apartment complex on 10 April 2009. A jury found him guilty at the Dublin Circuit Criminal Court and he was sentenced to six years' imprisonment, with the final two years suspended by Judge Patricia Ryan on 16 March 2013. Hanley appealed the conviction, arguing that the case should have been withdrawn from the jury and that there was no case to answer. Judge Garrett Sheehan rejected the appeal, noting that a Garda had searched a large wheelie bin at the complex, where a blue hold‑all bag and a yellow Dunnes Stores bag were found. Inside the plastic bag were five bars of cannabis resin, and a partial forefinger mark matching Hanley's fingerprints was on the tear of the bag. Gary Hanley pleaded not guilty.
Who, what, where, when and why
What: Report matter: Dublin man fails in appeal against conviction brought on basis he may have touched bag of drugs innocently. Charges or matters: possessing five bars of cannabis resin for sale or supply at Alfie Byrne apartment complex on April 10, 2009. Procedural stage: appeal. Findings: Found guilty
When:
- April 10, 2009 Incident
- March 16, 2013 Hearing Or Sentence
- 2015-03-20 Publication
Why: Mr Justice Garrett Sheehan said the evidence had established the fingerprint came into contact with the sealed bag at the time the cannabis was there and because it was in clear plastic there was no need to open the flap to see what was inside. CNI source report
Case subjects
Appellant
Charges: possessing five bars of cannabis resin for sale or supply at Alfie Byrne apartment complex on April 10, 2009 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a jury at Dublin Circuit Criminal Court and sentenced to six years imprisonment with the final two suspended by Judge Patricia Ryan on March 16, 2013.
Places mentioned
- North Great Clarence Street
- Dublin
- Dublin
- Dublin Circuit Criminal Court
- Court of Appeal
Topics
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