The Court of Appeal has dismissed Gareth Prior’s appeal against the severity of a 12-year sentence for two drug offences, leaving in place the suspension of its final three years.
The judgment, delivered by Mr Justice Hedigan on 17 July 2018, concerned offences under section 15A of the Misuse of Drugs Act 1977. Prior had pleaded guilty and was sentenced at Dublin Circuit Criminal Court on 7 April 2017. The suspended portion was subject to a €150 peace bond, three years’ post-release supervision and compliance with directions on treatment, training or other programmes.
The offences arose from a Garda surveillance operation on 9 December 2015. Gardaí saw Prior, who was a passenger in a car, transfer an orange and black rucksack from another vehicle near an Aldi supermarket on Fonthill Road, Clondalkin. Four packages in the rucksack contained four kilograms of diamorphine, which the judgment valued at €560,000.
A search of Prior’s address at 57 Curragh Grange, Newbridge, County Kildare, found 2.5 kilograms of cocaine, 487 grams of cannabis and 56 grams of ketamine, with stated market values totalling €188,100. Gardaí also seized items including plastic bags and weighing scales. The judgment said Prior had the key to the coal bunker where the drugs were found.
In challenging the sentence, Prior’s counsel argued that the sentencing judge had not given enough weight to his guilty plea, cooperation, remorse and rehabilitation. The appeal submissions said Gardaí had confirmed his involvement was linked to gambling and drug debts and that he was not a major player in the drugs market. The prosecution argued that the quantity and value of the drugs, the paraphernalia and Prior’s previous convictions supported the sentence.
The Court of Appeal noted the seriousness and value of the drugs, the paraphernalia and Prior’s history of drug trafficking convictions. It also reviewed the sentencing judge’s consideration of mitigating factors, including the early plea, cooperation, rehabilitation efforts and family circumstances. The judgment said the judge could have imposed a minimum sentence of 10 years but did not, and considered the sentence’s structure appropriate to encourage rehabilitation.
Finding no error in principle, the court dismissed the appeal. The original sentence and its conditions therefore remain in place.