David Gill loses appeal over cannabis possession sentence

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

David Gill’s appeal against a seven-year sentence for possessing cannabis for supply was dismissed by the Court of Appeal on 9 November 2015. Mr. Justice Mahon delivered the judgment.

Gill was convicted at Dublin Circuit Criminal Court on 4 April 2014 of unlawful possession of a controlled drug for supply under sections 15A and 27 of the Misuse of Drugs Act 1977 and the Misuse of Drugs Regulations 1988/1993. He had pleaded guilty. He was sentenced on 29 July 2014 to seven years’ imprisonment, running from that date. The proceedings were reported on 9 November 2015.

On 22 August 2013, gardaí stopped Gill in a white van on Kylemore Road in Dublin. A search uncovered approximately 8.5kg of cannabis herb valued at €171,500. A search of a Dale Road lockup uncovered cannabis resin valued at €389,500. At his home, €30,500 in cash was found hidden inside a pool table.

Gill’s grounds of appeal cited Garda Russell’s acceptance that the drugs did not belong to Gill and that he was justified in fearing their owner. He argued that insufficient weight had been given to Garda Russell’s evidence about the owner’s control over him, his previous good character and the sentencing judge’s finding that he was unlikely to reoffend.

Mr. Justice Mahon held that exceptional and specific circumstances justified a sentence below the statutory ten-year minimum. He said seven years represented a fair discount from a sentence of ten to eleven years before mitigation. Although possibly at the upper end of the appropriate range, the sentence was neither excessive nor an error of principle.