The Court of Appeal found an error in the approach used to sentence a woman who pleaded guilty to importing cocaine into Ireland, then resentenced her to four years’ imprisonment with the final 18 months suspended. The suspension is subject to a €100 bond to keep the peace and be of good behaviour for two years after her release.
The woman pleaded guilty on 4 November 2014 to unlawfully importing cocaine at Dublin Airport on 14 May 2014, contrary to section 21(2) of the Misuse of Drugs Act 1977, as amended. The Circuit Court imposed a four-year prison sentence. She appealed against the severity of that sentence, arguing that the judge had wrongly concluded a further custodial sentence was required despite her time in custody since arrest, and had given insufficient weight to mitigation. The prosecution argued the sentence was appropriate and disclosed no error of principle.
The appeal court said the sentencing remarks made it difficult to identify the penal aim beyond deterrence. It was unclear what weight the judge had given to the guilty plea, the woman’s lack of previous convictions and good work history. The judge had not referred to a detailed forensic psychology report submitted for the sentencing hearing, and the court could not tell where the offence had been placed on the sentencing scale before mitigation was considered. The appeal court held that the sentencing approach was erroneous and resentenced her afresh, assisted by an updated psychological report.
The court set a four-year term as the correct starting point and agreed that a prison sentence was required for deterrence. It said drug importers should expect custodial sentences absent extraordinary excusing circumstances. The court also considered her cooperation with gardaí, difficult family circumstances, psychological vulnerability, the breakdown of her relationship during imprisonment and incidents of self-harm.
The judgment’s account of the Circuit Court evidence said cocaine was concealed in the woman’s bra, sanitary towels and inside her body. The total recovered was valued at €64,262. She had admitted the offence in interview, had no previous convictions and, according to the evidence, said she expected €3,500 for transporting the drugs. The appeal court’s order changed the sentence by suspending its final 18 months on the stated bond conditions.