The Court of Appeal has quashed a four-year prison sentence imposed on Dean Thornton for a cannabis offence and resentenced him to two and a half years, with the final six months suspended for 12 months.
The appeal concerned the severity of the sentence imposed at Dundalk Circuit Court on 28 April 2020 for an offence under section 15 of the Misuse of Drugs Act. The Court of Appeal judgment, delivered on 20 July 2020, said the sentence followed a search of the appellant’s family residence in Drogheda on 24 August 2017.
Gardaí found a black sports bag in the living room containing cannabis divided into individual deals and weighing scales. The judgment put the cannabis at 282 grams, valued at €5,654. Thornton had signed admissions at the scene accepting responsibility for the bag and its contents. The Director of Public Prosecutions had directed summary disposal on a guilty plea, but the District Court judge refused jurisdiction.
At sentence, the Circuit Court judge assessed the case as falling between the low and medium range of offending. She set a six-year headline sentence, reduced it by two years for mitigating factors, including the guilty plea, and suspended the final six months.
The Court of Appeal held that the offence belonged in the lower range, noting the relatively modest value of the cannabis. It found that the trial judge’s assessment of the seriousness range was an error of principle that led to an excessive headline sentence and, ultimately, an excessive sentence after mitigation.
The appeal court cited the appellant’s age, previous good character, work record, admissions at the scene, acceptance of responsibility despite other people being present, and guilty plea as mitigating factors. The judgment said his nine previous convictions were road traffic offences arising from three incidents after the drugs offence. It also recorded that he had been cooperative with Gardaí and had a young child.
The court quashed the Circuit Court sentence and resentenced him to four years as the headline term, reduced to two and a half years after mitigation. It suspended the last six months for 12 months from release, on condition that he enter a bond to keep the peace and be of good behaviour during that period.