The Court of Criminal Appeal has replaced a 10-year sentence for possessing heroin for sale or supply with a seven-year term, suspending the final two years on terms to be discussed with counsel.
The appeal concerned a sentence imposed in June 2008 by the Dublin Circuit Criminal Court after Brian Ormonde pleaded guilty to an offence under section 15A of the Misuse of Drugs Act. The appeal court treated his application for leave to appeal as the hearing of the appeal.
The original sentence was backdated to 23 June 2007, when Ormonde was taken into custody. The judgment says gardaí found about 448 grams of diamorphine, valued at approximately €90,000, concealed in an extractor fan at his residence. They also found scales, glucose, two lists relating to drugs and names, and €830. Ormonde admitted ownership and said the drugs were for sale. The judgment records that he pleaded guilty and was immediately cooperative.
His counsel argued that the sentencing judge gave too little weight to his early admissions, guilty plea and personal circumstances, and wrongly considered admissions about other offences that were not charged. The prosecution submitted that the judge could consider the drugs’ value and the equipment found, and that Ormonde had previously sold heroin and was not of good character.
The appeal court held that the sentencing judge had referred to background matters about Ormonde’s involvement in drug dealing without clearly stating that they did not influence the sentence for the charged offence. It found an error in principle. The court also said the guilty plea and cooperation were valuable despite Ormonde having been caught in the act, and that his record included no previous drug or other serious convictions.
The appeal court stressed the seriousness of the drug activity and the equipment found, but concluded that the early admissions, guilty plea and lack of previous serious convictions merited consideration. It imposed seven years’ imprisonment, with the last two years suspended on usual and appropriate terms to be discussed with counsel. The judgment does not set out those terms.