The Court of Appeal has replaced a wholly suspended three-year sentence imposed on Adam Graham for possessing heroin for sale or supply with a sentence of four years and six months, including two years in custody and the final two years and six months suspended.
The court delivered its judgment on 19 May 2023, allowing a Director of Public Prosecutions application to review the sentence as unduly lenient. Graham had pleaded guilty to possessing drugs worth at least €13,000 for sale or supply. The heroin recovered in the case was valued at just over €34,000.
The original sentencing judge set a five-year headline sentence, reduced it to three years to reflect mitigation, then suspended the full term for seven years. Conditions included probation supervision, abstinence from illicit drugs, employment engagement and a €10,000 payment to Merchant’s Quay. By the appeal hearing, Graham had paid €4,000.
The Court of Appeal said the sentencing judge had departed from the presumptive 10-year minimum before first determining the appropriate sentence without reference to that minimum. The judge also did not identify the exceptional and specific circumstances relied on, or expressly consider Graham’s previous conviction for possession of drugs for sale or supply and whether a lesser sentence served the public interest in preventing drug trafficking. The appeal court also found insufficient consideration of deterrence. It held that these were errors of principle and that the sentence was unduly lenient.
In resentencing, the court set a six-year headline term and deducted 18 months for mitigation, including Graham’s guilty plea, progress addressing substance abuse and personal and family circumstances. It said the plea was not early and that he was not entitled to credit for good character or cooperation with gardaí. The court described his role as transporting the drugs, rather than being the operation’s organiser.
The court nevertheless found exceptional and specific circumstances relating to Graham, including his plea and meaningful steps to address addiction. After considering his previous drug-dealing conviction and the public interest, it concluded that imposing the 10-year minimum would not be necessary. The court said an actual custodial term was sufficient in this case.
The final sentence is four years and six months, with the last two years and six months suspended for two years after release. Conditions include probation supervision, attending appointments, engaging with the probation service’s training and employment officer, and abstaining from illegal drugs. The court allowed the matter to be brought back before the Circuit Court if conditions are breached. Graham was relieved of the unpaid €6,000 balance of the Merchant’s Quay payment because he was now required to serve time in custody; the court said the custody term would have been longer had he not paid €4,000.