Court finds Phuc Nguyen Le and Hong Thi Nguyen's cannabis sentences too severe

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal found an error of principle in the cannabis cultivation sentences imposed on Phuc Nguyen Le and Hong Thi Nguyen. Its judgment was dated 13 July 2015. Mahon J, sitting with Birmingham J and Sheehan J, held that placing their offences at the higher end of the gravity scale and imposing ten years in each case was inappropriate.

Both had been convicted of cultivation under the Misuse of Drugs Act 1977 and received ten-year prison sentences dating from 19 April 2013. Phuc Nguyen Le had the final three years suspended on conditions. Hong Thi Nguyen had the final four years and six months suspended, also on conditions, reflecting her stronger mitigation.

The case followed a Garda raid on a converted industrial unit at Kells Business Park, Cavan Road, Kells, Co Meath. Approximately 29.5 kilograms of dried cannabis, valued at €590,000, were found, together with 1,384 plants at various stages of cultivation with a potential value of €1 million.

Their appeals argued that insufficient weight had been given to Hong Thi Nguyen's lack of previous convictions, co-operation and remorse. Both also challenged the weight given to the drugs' value and argued that insufficient account had been taken of imprisonment's impact on foreign nationals who did not speak English.

The DPP argued that the plants' value was relevant and that the industrial, sophisticated scale of cultivation justified the sentences.

Mahon J accepted the operation's sophistication and the pair's essential role, but found they had no involvement in setting it up, planning or financing it. Their only benefit was a modest income and very basic living conditions. He said they were workers brought to Ireland for that purpose, were vulnerable to exploitation and may not have had absolute freedom to walk away.

This case may have concluded differently. The outcome has not yet been confirmed by a public source we could find.