Courts / Cork / Report
States successfully appeals one-year sentence for drugs and cash haul
Summary
The Court of Criminal Appeal has quashed the previous sentence of Miren Rakovac, a 33-year-old man from Cork, following a successful appeal by the State regarding an unduly lenient sentence. Rakovac had pleaded guilty at Cork Circuit Court in November 2021 to possessing cocaine, cannabis, and €35,000 in cash, which was identified as proceeds of criminal activity. In February of this year, Judge Dara Hayes sentenced him to two years and six months, suspending the final 18 months to encourage rehabilitation. The State argued that this suspension and the treatment of the cash possession were departures from sentencing norms. In an ex tempore judgment, Mr Justice John Edwards, speaking for the three-judge court, agreed with the appellant. The court found that the 18-month suspended portion was out of the norm and that the possession of the €35,000 constituted a standalone offence requiring a separate sentence. Consequently, the court quashed the original conviction and re-sentenced Rakovac to two years and six months on both charges. The final six months of each sentence were suspended for one year. This decision increases his effective custody period compared to the original ruling, which had suspended 18 months.
Who, what, where, when and why
What: Report matter: States successfully appeals one-year sentence for drugs and cash haul. Charges or matters: possessing the haul of drugs at Cork Circuit Court in November 2021. Procedural stage: appeal
When:
- November 2021 Incident
- October 25, 2020 Incident
- 2022-10-10 Publication
Case subjects
Appellant
Charges: possessing the haul of drugs at Cork Circuit Court in November 2021 (Admitted)
Plea: Guilty
Outcome: In February of this year, Judge Dara Hayes sentenced Rakovac to two years and six months but suspended the final 18 months, which the State appealed as being an unduly lenient sentence. Judge Hayes said he would sentence Rakovac to two-and-a-half years' imprisonment, suspending the last 18 months to encourage Rakovac on a path away from drugs.
Places mentioned
- St Kevin's Square
- Barrack Street
- Cork
- Cork Circuit Court
Topics
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