The Court of Appeal increased the suspended portion of an eight-year sentence for a drug offence from two years to three, citing the appellant’s cooperation, early guilty plea, rehabilitation and previous history.
In a judgment delivered on 16 July 2015, the court allowed the appeal against severity of sentence. It found no error of principle in the sentencing judge’s decision that eight years was an appropriate sentence for the offending. But it held that the mitigating factors should have attracted greater weight when deciding how much of the sentence to suspend.
The appellant had pleaded guilty to an offence under section 15A of the Misuse of Drugs Act 1977, as amended, involving drugs with an estimated street value of €680,500. The offence occurred in Ashbourne, Co Meath, on 20 September 2011. The original sentence was imposed at Trim Circuit Court in February 2013.
The judgment said gardaí, acting on confidential information, observed the appellant collecting drugs from an industrial estate in Portlaoise and taking them to his brother’s house in Ashbourne while he was moving home. His brother had no knowledge of the appellant’s actions. The appellant was arrested and made full, immediate admissions. Garda evidence accepted his explanation that he had become involved under duress, following serious financial loss from his public house and demands from people involved in organised crime.
In submissions, the appellant’s counsel argued that the sentencing judge had not adequately considered the threats to the appellant and his mother, his remorse and his rehabilitation. The respondent argued that the sentencing judge had taken all relevant matters into account.
The appeal court identified the early guilty plea, cooperation, remorse, low assessed risk of reoffending, lack of previous convictions and rehabilitation as mitigating factors. It also noted the value of the drugs, involvement in their supply and the destructive effects of drugs as aggravating factors.
The court said that by the time of sentence the appellant was a changed man who understood the seriousness of the offence and its impact on others. At the appeal hearing it was also updated on programmes he had completed in prison, which it said showed a high level of commitment.
The court set aside the original order and imposed eight years’ imprisonment, with the final three years suspended for three years. The suspension is subject to the appellant entering into his own €100 bond to keep the peace and be of good behaviour during that period.