The Court of Appeal has dismissed Grzegorz Osinski’s appeal against the severity of a sentence imposed for possessing cannabis for sale or supply and possessing a stun gun.
The court delivered its judgment on 18 October 2018. The sentence for the drugs offence was five years’ imprisonment, with the final three and a half years suspended. A concurrent 12-month sentence was imposed for the stun gun offence. The appellant was required to serve 18 months in custody.
The case arose from a search of the appellant’s apartment at The Moorings, Millard Street, Cork, on 9 September 2015. Gardaí found 58 bags of cannabis weighing 294 grams, valued at €5,880, and a stun gun. The judgment records that Osinski made full admissions, including that he had been involved in selling drugs. He had no previous convictions and had provided material assistance, the court said.
At the Circuit Court sentencing hearing, the defence had sought a suspended sentence, potentially on condition that Osinski leave Ireland. The sentencing judge rejected that proposal, saying deterrence required a custodial sentence and that leaving the country should not mean avoiding prison.
On appeal, the defence challenged the judge’s view that drug supply offences required custody, the seven-year starting point, the weight given to mitigation and rehabilitation, and the consideration given to Osinski’s Polish nationality. The Court of Appeal accepted that the judge may have gone too far in saying custody was the only appropriate penalty for anyone involved in the drugs trade. It said, however, that the appeal had to be assessed by looking at the particular offence and offender.
The court considered the overall sentence, rather than treating the reduction from seven to five years and the suspension as separate steps. It said the 18-month term to be served reflected substantial mitigation. It also found that the sentence fell within the available range and was entirely appropriate. The appeal was dismissed.