The Court of Appeal has upheld 13-year prison sentences imposed on Mark Mahony and Jason Brennan after cocaine and heroin valued at about €3.5 million were seized during an operation at Monread Road in Naas.
Both men had pleaded guilty to offences under section 15A of the Misuse of Drugs Act 1977. Each received 13 years' imprisonment with the final three years suspended for three years on bonds to keep the peace and be of good behaviour, leaving an effective custodial term of ten years.
On 17 January 2013, the two men met at the Texaco Extra car park on Monread Road. Brennan was observed transferring boxes from his car into Mahony's vehicle. Gardaí stopped and arrested both men as they attempted to leave, and the drugs were seized.
The court recorded an estimated value of about €488,761 for the cocaine and just over €3.1 million for diamorphine, or heroin.
Both men argued on appeal that their sentences were excessive and that the Circuit Court had not given sufficient weight to mitigation.
Mahony, who had no previous convictions, had a long employment history as a metal fabricator. The court heard about financial difficulties, depression, alcohol and drug misuse and previous self-harm. Since entering custody he had become drug-free, engaged with the Samaritans and earned positive reports from prison staff. He had also voluntarily told Gardaí after his arrest about additional drugs stored in a shed behind his home.
Brennan also had no previous convictions and had maintained steady employment despite a previous heroin addiction. In prison he had maintained a clean record, attended education and drug-aftercare programmes and expressed remorse.
The Court of Appeal accepted that both men had taken significant rehabilitative steps. However, it held that the quantity, value and nature of the drugs justified a starting point above the statutory minimum sentence. The suspended three years already reflected the mitigation available.
Both sentence appeals were dismissed.