Judgment: 2019-10-15 · Court archive

Court increases Stephen Sarsfield sentence to 10 years over €4.1m Ballyfermot drugs operation

Court of Appeal ·

Who, what, where, when and why

Who
  • Stephen Sarsfield (Respondent)
What

Court increases Stephen Sarsfield sentence to 10 years over €4.1m Ballyfermot drugs operation

Where

Places mentioned in the report

  • Ballyfermot Drive
  • Dublin Circuit Criminal Court
When

Judgment:

Other dates in the report
  • 17 July 2017

    Sarsfield had pleaded guilty to possession of drugs worth €13,000 or more for sale or supply. Gardaí uncovered the operation on 17 July 2017 after receiving confidential information about large-scale drug activity in Ballyfermot.

Why

Reasons reported in the judgment

The court held that a 15-year headline sentence would have been appropriate. Allowing fully for mitigation, it concluded that the sentence could not properly fall below the ten-year presumptive minimum.

The Court of Appeal has increased Stephen Sarsfield’s sentence from seven years to ten years for his role in a Ballyfermot drugs operation involving cannabis and diamorphine worth about €4.1 million.

Sarsfield had pleaded guilty to possession of drugs worth €13,000 or more for sale or supply. Gardaí uncovered the operation on 17 July 2017 after receiving confidential information about large-scale drug activity in Ballyfermot.

They watched an HGV and several vans at Ballyfermot Drive before entering a garage at about 4.05pm. Inside, Gardaí found 378 packages of cannabis herb weighing 188kg and valued at €3.76 million. Three packs of diamorphine weighing about 2.9kg and worth €410,312 were also found, along with weighing scales, a money-counting machine and bag-sealing equipment. Three stun guns were recovered and related offences were taken into consideration at sentencing.

Garda evidence described Sarsfield as a “small cog but undoubtedly important cog” in the wider operation. He had the HGV keys and a mobile phone when Gardaí intervened.

The Dublin Circuit Criminal Court selected a 12-year headline sentence but reduced the final term to seven years after considering mitigation, including Sarsfield’s guilty plea, lack of relevant previous convictions, addiction issues, depression, physical health difficulties and positive personal references.

The DPP argued that the sentence was unduly lenient. The Court of Appeal agreed.

It said the €4.1 million haul was more than 300 times the statutory threshold for section 15A and that Sarsfield’s early plea came against a backdrop of overwhelming evidence. Beyond that plea, he had provided little material assistance to Gardaí.

The court held that a 15-year headline sentence would have been appropriate. Allowing fully for mitigation, it concluded that the sentence could not properly fall below the ten-year presumptive minimum.

The seven-year sentence was quashed and replaced with ten years’ imprisonment.

Read the original court judgment

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