The Court of Appeal has upheld the sentence imposed on Rosalind Barton after Gardaí intercepted a cannabis consignment worth €139,364 near Kanturk, Co Cork.
Barton received six years' imprisonment with the final two years suspended for possessing drugs worth €13,000 or more for sale or supply. She also received a concurrent three-year sentence for a separate possession-for-supply offence involving cocaine.
The offences arose on December 8, 2017. During an intelligence-led surveillance operation, Gardaí saw two vans leave Kanturk in convoy towards Boherbue. They stopped at a lay-by, where two black refuse bags were transferred into the passenger side of the van Barton was driving.
Gardaí intervened and found 7kg of cannabis herb with an estimated street value of €139,364. A later search of Barton’s home uncovered cocaine valued at €8,500.
During interviews at Mallow Garda Station, Barton admitted her role. She also admitted this was not the first time she had received a large drugs consignment. She said the cocaine was intended for sale to users in Kerry and told Gardaí that she participated for financial gain, receiving €500 for the larger consignment and between €100 and €200 for the smaller quantity.
Barton pleaded guilty before sentence. The trial judge accepted her early plea, high level of cooperation and useful admissions, and departed from the presumptive ten-year minimum sentence.
On appeal, Barton did not challenge the six-year starting point. Instead, she argued that she should have received a larger reduction for mitigation and greater parity with co-accused Mr McCann, who received six years with three suspended.
The Court of Appeal rejected both arguments. It said McCann had distinct mitigation, including longstanding addiction issues and a tragic background. It also considered Barton’s culpability high because she admitted participating in county-wide drug distribution for financial gain.
Finding no sentencing error, the court dismissed the appeal.