The Supreme Court allowed an appeal by Alphonsus Connolly and set aside his conviction for possessing amphetamines for sale or supply where the alleged market value was at least €13,000. It held that the prosecution evidence did not establish the drugs’ amphetamine content to the required standard. The Court did not direct a retrial.
Connolly had pleaded guilty to a separate count of possessing the same drugs for sale or supply, without a value threshold. He contested the section 15A count, which carried a presumptive minimum sentence of ten years. A jury convicted him on that count, and he was sentenced to ten years’ imprisonment, with a concurrent four-year term on the other count.
The appeal concerned whether the trial judge should have withdrawn the section 15A count from the jury because the evidence of value was insufficient. The Court of Criminal Appeal had refused leave to appeal and certified a question of law about proving the amount of a controlled substance through expert evidence on typical ranges, and whether the underlying facts or report had to be disclosed to the defence. The Supreme Court also granted leave to argue the withdrawal ground.
The drugs were found in ten packs of white powder weighing 9.717 kilograms. Forensic scientist Dr Mary Casey analysed five packs and found amphetamine in them. She said accredited sampling procedures gave 99% certainty that at least seven packs contained amphetamine. She had not measured the purity, but said amphetamine purities “generally” fell between 10% and 40%, while acknowledging that a test could detect as little as 1%.
Detective Sergeant Grennan estimated the value using a price of €15,000 per kilo. The Court noted that this price was not challenged. But the evidence did not establish that the analysed packs, or the packs inferred to contain amphetamine, had at least 10% purity. The Court said Dr Casey had not explained what “generally” meant, how often purity fell outside that range, or whether she was describing her own experience or wider scientific knowledge.
The Court accepted that Dr Casey’s evidence on sampling was admissible and sufficient to support an inference that at least seven packs contained amphetamine. But it held that presence alone did not prove the quantity needed to meet the value threshold. A possibility of purity as low as 1% remained, which could put the drugs below €13,000. On the evidence in this case, the section 15A count should have been withdrawn from the jury. The Court allowed the appeal, set aside the conviction on that count and declined to direct a retrial, saying there was no reason to believe the forensic evidence would differ on another occasion.