Courts / Wexford / Report

Man sentenced to 12 years for drugs possession has conviction quashed

Summary

In February 2014 the Court of Criminal Appeal quashed the conviction of Stephen Kelly, a 44‑year‑old Wexford native, who had been sentenced to twelve years' imprisonment with six months suspended in January 2010 for possession of cannabis resin worth €245,000. The conviction was based on a 2005 jury verdict at the Wexford Circuit Criminal Court for possession of drugs for sale or supply at The Bullawn, New Ross. Kelly had pleaded not guilty and claimed he was unaware of the drugs in a van he entered, later asserting a lack of knowledge defence under Section 29 of the Misuse of Drugs Act 1977. The appeal court found that the trial judge had failed to properly instruct the jury on the duty of the defendant to prove lack of knowledge, and that the prosecution had not complied with the law. Consequently, the conviction was quashed and the Director of Public Prosecutions will not seek a retrial.

Who, what, where, when and why

What: Report matter: Man sentenced to 12 years for drugs possession has conviction quashed. Procedural stage: appeal

When:

• January 2010 Incident
• November 30, 2005 Incident
• 2014-02-10 Publication

Case subjects

Places mentioned

Topics

Drugs Stage Appeal

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Read the original CNI report