The Court of Appeal has dismissed an appeal against the severity of a five-year prison sentence imposed on Darren O’Mahoney for drug offences, with the final two years suspended.
The sentence was imposed by Clonmel Circuit Court on 15 December 2017, after O’Mahoney pleaded guilty to three counts under section 15 of the Misuse of Drugs Act 1977, as amended. The Court of Appeal judgment was delivered on 25 February 2019 by Ms Justice Kennedy.
The charges concerned cannabis herb, fluoroamphetamines and methylenedioxymethamphetamine, with a combined value of €7,593.28. The sentencing court also heard evidence of two other controlled substances, bringing the total value to more than €10,000.
The drugs were seized during a search of a property at O’Mahoney’s address in Clonmel, County Tipperary, on 30 May 2015. A mobile phone contained numerous messages indicative of drug sales. Packaging material and digital weighing scales were also found. The Court of Appeal said the evidence indicated supply for profit and that O’Mahoney was actively selling controlled substances. It described him as a vital member of the operation, while noting evidence that he was at its low end.
O’Mahoney argued that the sentence was disproportionate and that the sentencing judge had placed the offences too high within the sentencing range, given his role, the value of the drugs and his submission that he acted under a degree of fear. He also argued that the judge gave insufficient weight to rehabilitation and other mitigating factors, including his guilty plea, cooperation with Gardaí, family support and work record.
The prosecution submitted that there had been no error of principle and that the sentencing transcript showed the mitigation had been considered. The Court of Appeal agreed. It found no error in placing the offences in the mid-range and said the sentencing judge had credited O’Mahoney for the matters raised in mitigation, including his prospects for rehabilitation.
The appeal was dismissed. The Court of Appeal did not alter the sentence.