Judgment: 2025-06-20 · Court archive

Court of Appeal dismisses 70-year-old man’s appeal over 6½-year cannabis sentence

The court found no error in the sentence for knowingly transporting almost 94kg of cannabis, and rejected arguments that part of the term should have been suspended.

Court of Appeal · [2025] IECA 269

Who, what, where, when and why

Who
  • Joseph Kelly (Appellant)
What

The court found no error in the sentence for knowingly transporting almost 94kg of cannabis, and rejected arguments that part of the term should have been suspended.

Where

Places mentioned in the report

  • Lisburn, Northern Ireland
  • Dublin
When

Judgment:

Why

Reasons reported in the judgment

The appeal court heard that gardaí stopped a van driven by Kelly on the N4 on 16 April 2019 after receiving information that it was being used to move cannabis. Officers found 19 sacks containing 93.858kg of cannabis herb, valued at €1,877,160. Evidence described Kelly’s journey that day from Lisburn, Northern Ireland, and the discovery of an encrypted dual-SIM phone operating on a Dutch network.

The Court of Appeal has dismissed Joseph Kelly’s appeal against the severity of a six-and-a-half-year prison sentence for possessing cannabis worth more than €13,000 for sale or supply. The judgment was delivered on 20 June 2025 by Mr Justice Edwards, with Ms Justice McCarthy and Mr Justice MacGrath also sitting.

Kelly pleaded guilty to one count under section 15A of the Misuse of Drugs Act 1977. At sentencing in Dublin Circuit Criminal Court on 11 March 2024, the judge imposed six-and-a-half years’ imprisonment on that count, with two other counts taken into consideration.

The appeal court heard that gardaí stopped a van driven by Kelly on the N4 on 16 April 2019 after receiving information that it was being used to move cannabis. Officers found 19 sacks containing 93.858kg of cannabis herb, valued at €1,877,160. Evidence described Kelly’s journey that day from Lisburn, Northern Ireland, and the discovery of an encrypted dual-SIM phone operating on a Dutch network.

Kelly, who was 70 at sentencing, had no previous convictions. The sentencing judge took account of his age, medical problems, gambling difficulties and the possibility that third parties had taken advantage of him, while finding that he should have known better. The judge said a person of a more typical age with the same other mitigation would likely receive nine years, and imposed the shorter term having regard to Kelly’s age and health.

On appeal, Kelly argued that the sentencing judge had misjudged the offence’s gravity, failed to identify a headline sentence, and insufficiently weighed his personal circumstances and clean record. He also argued that part of the term should have been suspended to support rehabilitation for gambling addiction. The prosecution said the sentencing judge had considered the relevant mitigating factors and was not required to suspend any part of the sentence.

The Court of Appeal found no error in the assessment of gravity, citing the quantity of drugs and a pre-planned, sophisticated operation. It said the evidence showed Kelly acted knowingly and for personal profit, although his role was that of a courier. The court also found that the sentencing remarks were sufficiently transparent despite not specifying a headline sentence, and that the judge had taken the mitigating circumstances into account.

The court rejected the suspension argument because there was no evidential foundation showing steps toward rehabilitation. It noted that the claim of attendance at Gamblers Anonymous came through a report repeating what Kelly had said, and was not supported by admissible evidence or documents. The appeal was dismissed.

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