The Court of Criminal Appeal has refused to increase the fully suspended six-year sentence imposed on Brian Wall after he admitted possessing heroin worth €145,600 for supply in Cork.
Wall was 26 when sentenced by Cork Circuit Criminal Court in June 2008. He had pleaded guilty to four drug offences, including a section 15A charge carrying a presumptive minimum term of ten years unless exceptional and specific circumstances justified a lesser sentence.
The offences arose from Garda surveillance in the Shanakiel area of Cork city on September 27, 2007. Wall was seen placing an item at the base of an ESB pole before driving away. Gardaí stopped his car and found heroin inside. An ounce was recovered near the pole and another ounce was subsequently found hidden in a video cassette player at his home.
Wall admitted acting as a storeman and delivery person. He said he had received a kilogram of heroin the previous week, had already made three drops totalling nine ounces, and expected to receive €2,000 for his activities on September 27. He co-operated with Gardaí but did not identify the people for whom he worked or the owner of the drugs.
Judge Patrick Moran imposed six years' imprisonment but suspended the entire term for three years on condition that Wall keep the peace and be of good behaviour. The DPP argued that this failed to reflect the seriousness of the offence, its commercial motivation and the need for deterrence.
The appeal court agreed that financial motivation was not a mitigating factor and stressed the gravity of large-scale drug supply. However, it found substantial mitigation elsewhere. Wall had no previous convictions, pleaded guilty early, expressed remorse, co-operated with Gardaí and had strong family and community support. A probation assessment placed him at the lowest possible risk of reoffending.
The court held that the sentence was lenient but not unduly lenient and disclosed no error of principle. The DPP's application was therefore dismissed, leaving the suspended sentence in place.