The Court of Appeal reduced Patrick Scanlon’s 15-year prison sentence for two cannabis offences to 11 years and directed that Limerick Circuit Court review the sentence after he has served the equivalent of half of it.
The judgment, delivered by Mr Justice Sheehan on 17 June 2016, followed an appeal against sentence severity. Scanlon had been convicted of offences under sections 15A and 15B of the Misuse of Drugs Act 1977 after an eight-day trial at Limerick Circuit Court. The cannabis involved was valued at €79,076.
The appeal court rejected his argument that the sentencing judge was not obliged to impose a minimum 10-year term because his earlier section 15A conviction predated the 2007 amendment. It held that the law required a minimum term of 10 years for a person convicted of a second or subsequent section 15A or 15B offence, without the qualification Scanlon argued for.
However, the Court of Appeal found errors in the sentencing approach. The trial judge had not identified a starting sentence within the available range or explained how the mitigating factors affected the final term. The appeal court also found the 15-year sentence excessive, saying relevant personal circumstances had not been properly factored in.
The court said Scanlon was 54 at sentencing and had addictions to drugs, alcohol and gambling. It also noted submissions that he was a man of no means, had raised €44,000 for charity through marathon running in prison, and had engaged with rehabilitative programmes. The court recognised the seriousness of the offence and the aggravating effect of the previous drug conviction, which had involved cannabis valued at €1.3 million.
After holding a fresh sentence hearing, the court said 12 years was the appropriate sentence before considering updated material about Scanlon’s progress in prison. It then imposed 11 years in place of the original 15-year term, backdated to 8 August 2013, when he first entered custody for these matters.
The court also found that Scanlon’s addiction to controlled drugs was a substantial factor in the offences. It directed that he be brought before Limerick Circuit Court within four weeks of serving the equivalent of half the 11-year sentence for a review. The direction allows a review; it does not itself order his release or suspend the remaining term.