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'Ludicrous' to argue UK man who came to Ireland to commit €2.3m cannabis offence entitled to foreign national discount, court finds
Summary
The Court of Appeal has dismissed the appeal of Daniel Bowker, a 41-year-old UK national, against his sentence for possessing €2.364 million worth of cannabis for sale or supply. Bowker and co-accused Ibrar Sharif, 48, both pleaded guilty to the offence committed at Kilmainham, Dublin 8, on December 22, 2022. Following a surveillance operation, gardaí seized 119 kilos of cannabis concealed under frozen chicken. In October 2023, Judge Orla Crowe at Dublin Circuit Criminal Court sentenced both men to eight years in prison, with the final year suspended. Bowker's counsel argued that the sentence failed to adequately account for mitigating factors, including his status as a foreign national and his role as a father of three. However, Mr Justice Patrick McCarthy ruled that it was "ludicrous" to claim a further reduction based on foreign nationality, given that Bowker had travelled to Ireland specifically to commit the offence. The court found no error in principle in the original sentencing, noting that the eight-year term already represented a substantial reduction from the mandatory minimum of ten years. The appeal was dismissed, leaving the original sentence intact.
Who, what, where, when and why
What: Report matter: 'Ludicrous' to argue UK man who came to Ireland to commit €2.3m cannabis offence entitled to foreign national discount, court finds. Charges or matters: possessing €2.364 million worth of cannabis for sale or supply at Kilmainham, Dublin 8 on December 22, 2022. Procedural stage: appeal
When:
- December 22, 2022 Incident
- October 2023 Hearing Or Sentence
- Christmas Other
- 2024-07-17 Publication
Why: 3 million euro in cannabis that had been concealed under a consignment of frozen chicken should have his seven-year sentence further reduced because he is a foreign national, the Court of Appeal has found. CNI source report
Case subjects
Applicant
Charges: possessing €2.364 million worth of cannabis for sale or supply at Kilmainham, Dublin 8 on December 22, 2022 (Admitted)
Plea: Guilty
Outcome: Mr Justice McCarthy said that Bowker had already received a substantial reduction from the mandatory minimum sentence of ten years for such an offence, as the court ruled that there had been no error in principle with the seven-year sentence imposed by Judge Orla Crowe at Dublin Circuit Criminal Court. Both men were sentenced to eight years in prison with the final year suspended by Judge Crowe at Dublin Circuit Criminal Court in October 2023.
Co Accused
Charges: possessing €2.364 million worth of cannabis for sale or supply at Kilmainham, Dublin 8 on December 22, 2022 (Admitted)
Plea: Guilty
Outcome: Both men were sentenced to eight years in prison with the final year suspended by Judge Crowe at Dublin Circuit Criminal Court in October 2023.
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