The Court of Appeal has refused Jason Power’s application to extend the time for appealing the severity of a six-year prison sentence for drug offences.
In an ex tempore judgment delivered on 17 September 2020, the court said Power had not supplied a legal or factual basis for his proposed appeal, or explained how allowing more time would serve the interests of justice. The court also noted the need for finality in proceedings.
Power pleaded guilty in Cork Circuit Criminal Court on 27 February 2019 to seven offences under the Misuse of Drugs Acts: one concerning cocaine possession and six concerning diamorphine possession. The judgment said one diamorphine charge was under section 15A of the 1977 Act, involving drugs valued at more than €13,000. The court said it had not been given details of the offences’ facts.
On 7 May 2019, Power was sentenced to six years’ imprisonment, with the final 18 months suspended on the section 15A count. The other counts were taken into consideration.
A sentence appeal notice had to be filed within 28 days. Power’s notice was dated 16 October 2019. In affidavits, he said he had been advised about appealing and the time limit after sentence, but was in a state of shock and had little recollection of that consultation. His solicitor said Power contacted him on 14 October to ask about the appeal; it emerged that Power had not signed the notice, and he was advised to do so immediately. The notice was signed two days later and lodged with the court.
The proposed appeal grounds were that the sentencing judge gave insufficient weight to Power’s guilty plea, cooperation with the investigation and personal circumstances. The Court of Appeal said the application did not engage with the facts, sentence or merits of those grounds. It said the applicant had also not addressed how the interests of justice would be served by an extension.
Applying the established approach to enlargement-of-time applications, the court refused the application. It did not hear or determine the proposed sentence appeal.