The Court of Appeal has upheld an eight-year prison sentence imposed on Eoin Morrow after Gardaí seized cannabis and Zopiclone valued at about €1.38 million during an operation at Newcourt Business Park in Dublin.
The case arose on 25 July 2015, when Gardaí acting on confidential information followed a Scania tractor-trailer to the business park on St Margaret's Road. Morrow arrived in a black Volkswagen Jetta and was seen with another man, Mr Needham, unloading pallets of boxes from the truck into a container unit.
A search recovered 96.7kg of cannabis valued at €580,200 and 400,000 Zopiclone tablets valued at €800,000. Both men were arrested.
Morrow later failed to appear in court on 31 January 2017 and a bench warrant was issued. He had left the State. He subsequently returned, contacted Gardaí through his solicitor and arranged for the warrant to be executed. He pleaded guilty on 15 June 2018.
At sentencing, the Circuit Court departed from the presumptive ten-year minimum. It accepted that Morrow was not at the top of the operation, had addiction problems and debt, had acted under an element of coercion and had made significant rehabilitative progress. His urine analysis was negative and evidence was given of courses undertaken in prison.
The judge nevertheless regarded him as a trusted operative who played an important role. A ten-year headline sentence was reduced to eight years.
On appeal, Morrow argued that too little weight had been given to rehabilitation, coercion and lack of financial benefit, and challenged comparisons with his co-accused.
The Court of Appeal rejected those arguments. It held that the value of the drugs, their intended onward distribution and Morrow's role in receiving and storing them were important measures of culpability. Although some sentencing factors had been placed under the wrong heading, the overall eight-year term was appropriate.
The sentence appeal was dismissed.