Courts / Wexford / Report

Statutory "double whammy" landed man with 17-year sentence for drugs possession

Date
2016-02-09
Stage
Appeal
Primary locality
Wexford
County
Wexford

Summary

Martin McBride, 47, of Enniscorthy, pleaded guilty in 2011 to possessing €97,000 of cannabis for sale in Cork. While on bail, he was later caught with €40,000 of cannabis in Wexford. He received a seven‑year sentence in Cork and a consecutive ten‑year minimum in Wexford, totaling 17 years. His lawyer, Bernard Condon SC, appealed, arguing that the Wexford offence was a second offence triggering a mandatory minimum only if a conviction had already been recorded, and that the conviction was not yet formalised at the time of the second offence. He also questioned whether consecutive sentencing for bail offences and mandatory minimums should apply simultaneously. The Court of Appeal noted the case and reserved judgment. The article reports only the procedural arguments and the 17‑year sentence, without any further outcome.

Who, what, where, when and why

What: Report matter: Statutory "double whammy" landed man with 17-year sentence for drugs possession. Charges or matters: possessing €97,000 worth of cannabis for sale or supply in the city in May 2011. Procedural stage: appeal

When:

Why: Wexford Circuit Court could not have applied the principle to McBride's sentence because it did not have jurisdiction over Cork Circuit Court, Mr Condon said. CNI source report

Case subjects

Martin McBride

Convicted Person

Charges: possessing €97,000 worth of cannabis for sale or supply in the city in May 2011 (Admitted)

Plea: Guilty

Outcome: Judge Seán Ó Donnabháin at Cork Circuit Criminal Court sentenced him to seven years imprisonment on November 29, 2011. Judge Barry Hickson at Wexford Circuit Criminal Court imposed a consecutive mandatory minimum term of 10 years imprisonment on October 29, 2013.

Places mentioned

Court Venue
  • Court of Appeal
  • Cork
  • Cork Circuit Criminal Court
  • Wexford
  • Wexford Circuit Criminal Court
  • Wexford Circuit Court
  • Cork Circuit Court
Residence
Incident

Topics

Drugs Stage Appeal

Related court reports

Read the original CNI report

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