The Court of Appeal has dismissed Michael Flynn’s appeal against the severity of a five-year prison sentence for possessing drugs worth more than €13,000 for sale or supply. The court said the sentence was within the range open to the sentencing judge and found no error in principle.
Flynn had pleaded guilty to the offence under section 15A of the Misuse of Drugs Act. On 3 December 2020, he was sentenced to five years’ imprisonment, with the final 12 months suspended on conditions. The sentencing judge also took a cannabis possession offence into consideration.
The appeal court heard that Gardaí intercepted Flynn near Knocktopher on 5 October 2018, after receiving confidential information that he was returning to Tipperary from Dublin with drugs. A package believed to contain diamorphine was found concealed in the steering column of his vehicle. Flynn admitted that he had travelled to collect drugs and knew they were hidden in the vehicle, although he said he did not know what type of drug they were. He said his role was limited to collecting them and leaving the vehicle at his property for others to retrieve the drugs. CCTV footage corroborated his route to and from Dublin.
Analysis identified 625.8 grams of diamorphine, with a stated street value of €87,612. A search of his property the following day found a small quantity of cannabis valued at about €60 to €70.
The sentencing judge set a six-year headline sentence, then reduced it by one year in light of mitigation and suspended the final year. The appeal grounds argued that the sentence was excessive and that insufficient weight had been given to Flynn’s early guilty plea, cooperation, limited role, work history and the impact on his son, whom he cared for.
The appeal court accepted that Flynn had a drug debt, was under pressure to repay it and was not to receive financial benefit from the drugs enterprise. It also noted his admissions, cooperation, early plea and efforts to address heroin addiction. But the court said the drug’s value was significant and Flynn knew he was transporting drugs. His 27 previous convictions, including three under drugs legislation, reduced the mitigating weight available.
The court concluded that the suspended year recognised mitigation and supported rehabilitation, subject to Flynn engaging with probation services after release. It said the sentence required four years in custody and dismissed the appeal.