Courts / Dublin / Report

Young mum caught with €240k in drugs avoids jail again, despite sentence being too lenient

Date
2022-12-15

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

In December 2022, the Court of Appeal upheld that Kirsty Cummins, a 20‑year‑old mother, had been given an overly lenient fully‑suspended four‑year sentence for possession of drugs for sale or supply. Cummins, who had recently turned 18 at the time of the offence, was found with a Tesco bag containing about €70,000 of cocaine and €172,000 of heroin. She pleaded guilty and had no prior convictions. The Court noted her pregnancy, her child's health issues, her remorse, and a positive probation report. The judge re‑sentenced her to the same fully‑suspended four years but increased her probation supervision from 18 months to three years. The decision was made after the State argued the sentence was too lenient compared with a co‑accused who received three years' imprisonment. The court considered Cummins' age, lack of prior convictions, and her efforts to distance herself from negative peers as mitigating factors.

Who, what, where, when and why

What: Report matter: Young mum caught with €240k in drugs avoids jail again, despite sentence being too lenient. Charges or matters: possession of the drugs for sale or supply at Ballyfermot Road, Ballyfermot, on February 23, 2020. Procedural stage: appeal

When:

June 2021 Hearing Or Sentence
February 23, 2020 Incident
2022-12-15 Publication

Case subjects

Kirsty Cummins

Appellant

Charges: possession of the drugs for sale or supply at Ballyfermot Road, Ballyfermot, on February 23, 2020 (Admitted)

Plea: Guilty

Outcome: In re-sentencing Cummins today, Ms Justice Aileen Donnelly said the Court of Appeal had accepted the suspended sentence imposed on Cummins was unduly lenient but noted that matters had positively progressed for the respondent in the meantime. Cummins was re-sentenced to the same fully-suspended four years' imprisonment but had her time under the supervision of probation services increased from 18 months to three years.; At a previous hearing, the matter was adjourned to allow for a probation report on Cummins to be submitted to the court.