The Court of Appeal has increased Mark O’Dwyer’s sentence from five years to nine years for his role in a €4.17 million drugs operation at Ballyfermot Drive in Dublin.
O’Dwyer had pleaded guilty to possession of drugs for sale or supply under section 15A of the Misuse of Drugs Act 1977. Gardaí found about 188kg of cannabis herb valued at €3.76 million and 2.9kg of diamorphine valued at €410,312 in a garage during a surveillance operation.
O’Dwyer arrived at the premises in his own car and was observed helping to move and package boxes. Garda evidence accepted that he had been recruited as a low-level worker, had no ownership interest in the drugs and was promised €1,500 for several hours' work.
The Dublin Circuit Criminal Court imposed five years' imprisonment in May 2018. The DPP appealed on the basis that this was unduly lenient.
The Court of Appeal agreed. It said the quantity and value of the drugs, the financial motive and O’Dwyer’s willing participation required a much higher starting point. Although his role was limited, the court said low-ranking participants remain important to large trafficking operations.
O’Dwyer had substantial mitigation. He had longstanding addiction problems, was HIV positive, had very limited cognitive functioning and had gone seven years without offending. He also pleaded guilty. However, the court noted that he had been caught at the scene and had not provided material assistance to Gardaí.
Ordinarily, the judges said, a headline sentence of about 14 years would have been reduced to around 12 years for mitigation and would not have justified going below the statutory presumptive minimum of 10 years.
The court made a further reduction because two-and-a-half years had passed since sentencing and O’Dwyer had been released temporarily, resumed family life and returned to work. Sending him back to serve the full sentence otherwise warranted would be particularly harsh.
The five-year sentence was therefore replaced with nine years' imprisonment.