The Court of Appeal has allowed James Howlin’s appeal against a 10-year sentence for possessing cocaine worth at least €13,000 for supply, quashed that sentence and resentenced him to six and a half years’ imprisonment, with the final 12 months suspended. The net term to be served is five and a half years, provided he meets the suspension conditions.
Howlin had pleaded guilty to the offence under section 15A of the Misuse of Drugs Act 1977. Three other counts were discontinued by the prosecution after the sentencing hearing; he had not pleaded guilty to them. The appeal court said the new sentence runs from the same date as the original sentence.
The offence arose after gardaí saw Howlin leave a bag at Father Colohan Terrace in Bray on 10 October 2019. He ran when approached and was caught carrying the bag. It contained 1.749kg of cocaine, valued at an estimated €122,437. In interview, he admitted knowing the bag contained cocaine and said he had been told to deliver it to people. He cited cocaine addiction and a drug debt. The sentencing court also heard that he had cooperated with gardaí, entered an early guilty plea, engaged with addiction services and received positive character testimonials.
The appeal court found that the sentencing judge had erred by first asking whether to depart from the 10-year presumptive minimum, rather than first identifying a proportionate sentence for the offence and then considering whether the minimum would be unjust. It also held that the guilty plea had some value despite the strong evidence, and that the appellant’s cooperation qualified as material assistance. The appeal court said a 10-year post-mitigation sentence, disregarding the minimum, would have been disproportionate in the circumstances.
The court also criticised the sentencing process for relying on a garda sergeant’s speculative opinion that this was not Howlin’s first time delivering drugs, supported by an admission recorded in a probation report. It said the report was prepared to assess suitability for probation supervision and was not prosecution evidence of criminality. The appeal was allowed on other grounds, and the court said it did not need to decide the appeal on this issue.
The appeal court set a headline sentence of seven and a half years, then deducted one year for the early plea, limited but material cooperation, addiction, work record, testimonials and personal circumstances. It found exceptional and specific circumstances making the 10-year minimum unjust, including the degree by which that minimum exceeded the proportionate sentence, the absence of a previous drug-trafficking conviction and evidence of rehabilitation. It then suspended a further year in light of reports of his progress in prison and engagement with services.
The suspended year is subject to conditions including keeping the peace, engaging with probation, complying with directions on drug intervention and screening, attending appointments and following other lawful probation directions.