The Court of Appeal has dismissed Donal Ryan’s appeal against the severity of an eight-year prison sentence, with the final two years suspended, for an offence under section 15A of the Misuse of Drugs Act. The court said the sentence was within the available range and that it could identify no error in principle.
Ryan was sentenced in Cork Circuit Criminal Court on 28 February 2014 after pleading guilty. He also received a concurrent 12-month sentence for unlawful possession of firearms. The prosecution accepted that the firearms offences were not linked to the drug activity and were of little consequence to the overall case.
The Court of Appeal heard that gardaí stopped a vehicle on 14 February 2012 after surveillance of Ryan. He had been seen removing a bag from behind a graveyard wall at an isolated church in Annakisha. The bag, recovered from his lap in the vehicle, contained 4.847kg of cannabis, which the judgment valued at €96,900. A follow-up search of his home found an airgun, stun gun, silencer, pellets and €4,364 in cash.
In interview, Ryan admitted responsibility for the cannabis and said he collected and stored drugs. He said he had been involved in that activity for eight months. Evidence described his account as being that he expected payment of between €500 and €1,500 for collecting drugs. The State challenged his account as understating his role, but he did not accept that challenge.
Ryan argued on appeal that the sentencing judge had wrongly treated him as involved at a higher level in drug distribution and had relied on material about his lifestyle and personal circumstances. He also submitted that a garda’s reference to suspected laundering of drug proceeds had contaminated the sentencing process. The appeal court noted that defence counsel had immediately objected to that evidence and that prosecution counsel had told the garda not to go beyond the scope of the offence.
The sentencing judge had found grounds to depart from the presumptive 10-year minimum, citing Ryan’s guilty plea, admission, medical circumstances and longstanding depression. The appeal court said the sentence was reduced from 10 years to eight, with two years suspended, leaving an effective term of six years. It said the reduction could be regarded as generous and dismissed the appeal.