Courts / Wexford / Report
Man hit with statutory "double whammy" has drugs sentence cut on appeal
Summary
Martin McBride, 47, of Enniscorthy, pleaded guilty in 2011 to possessing €97,000 of cannabis for sale in Cork. He was later caught with €40,000 of cannabis in Wexford. The Cork Circuit Criminal Court sentenced him to seven years, and the Wexford Circuit Criminal Court imposed a mandatory minimum of ten years, consecutive to the Cork offence. McBride appealed in February, arguing he had been hit with a statutory "double whammy" and had no prior convictions. The Court of Appeal, exercising its inherent jurisdiction, found the overall sentence unduly harsh and quashed the original seven‑year Cork term, replacing it with a four‑year term. McBride's final sentence was reduced to 14 years imprisonment, with the Wexford ten‑year term remaining consecutive. The decision was made in the interests of justice and to uphold constitutional principles.
Who, what, where, when and why
What: Report matter: Man hit with statutory "double whammy" has drugs sentence cut on appeal. Charges or matters: possessing €97,000 worth of cannabis for sale or supply in the city in May 2011. Procedural stage: appeal
When:
- May 2011 Incident
- November 16, 2011 Incident
- November 29, 2011 Incident
- October 29, 2013 Incident
- 2016-07-25 Publication
Why: Giving judgement today, Mr Justice Alan Mahon said the Court of Appeal had inherent jurisdiction to correct, review or adjust sentences in order to ensure that they fully reflect constitutional principles. CNI source report
Case subjects
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 mandatory minimum term of 10 years imprisonment on October 29, 2013 and also made it consecutive to the Cork offence.
Places mentioned
- Gimont Avenue
- Enniscorthy
- Wexford
Topics
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