Courts / Kerry / Report
Defendant fails to overturn drugs conviction despite judge not providing defining possession
Summary
A 41-year-old man, Maciej Masznic, has failed in his appeal to have his conviction and seven-and-a-half year sentence for drugs offences overturned. Masznic had pleaded not guilty to five charges contrary to the Misuse of Drugs Act 1977. A jury found him guilty of being in possession of cannabis and methylamphetamine for unlawful sale or supply at his home address on February 18, 2015, with the drugs valued at over €13,000. He was later jailed by Judge Thomas E O'Donnell in July 2019 following a five-day trial. Masznic appealed, arguing that the judge did not instruct the jury on the concept of possession. However, the three-judge court, comprising Mr Justice John Edwards, court President George Birmingham, and Mr Justice Patrick McCarthy, dismissed the appeal. The court acknowledged the trial judge's failure to provide specific instructions on possession but noted that no complaint was made during the trial about the adequacy of the charge. The court stated that the trial was not unsafe or unsatisfactory and that the jury had received a clear explanation of possession from prosecuting counsel, which was endorsed by defence counsel in his closing speech. The appeal was dismissed, and the conviction remains in place.
Who, what, where, when and why
What: Report matter: Defendant fails to overturn drugs conviction despite judge not providing defining possession. Charges or matters: five charges contrary to Misuse of Drugs Act 1977. Procedural stage: appeal
When:
- February 18, 2015 Incident
- July 2019 Incident
- 2022-10-18 Publication
Case subjects
Appellant
Charges: five charges contrary to Misuse of Drugs Act 1977 (Alleged Or Contested)
Plea: Not guilty
Outcome: He was later jailed for the offences by Judge Thomas E O'Donnell in July 2019 after a five-day trial at Tralee Circuit Criminal Court had concluded in February of the same year.
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