The Court of Appeal has dismissed an appeal against the severity of a sentence imposed on Osaze Osagie for three drug offences, upholding six years’ imprisonment on each count, with the final three years suspended for five years.
The sentences followed guilty pleas to three counts under section 15 of the Misuse of Drugs Act 1977, as amended. Galway Circuit Court imposed them on 9 May 2018. The appeal court delivered its judgment on 18 February 2019.
The offences arose from a Garda search warrant executed at an address in Ballinfoyle Park, Galway, on 19 February 2016. No one was at the house. Gardaí found cannabis valued at €4,250, ecstasy tablets valued at €8,180 and cocaine valued at €59 in a false compartment in a wardrobe in the appellant’s bedroom. They also found €1,140 in cash. The judgment put the total value of the drugs at €12,493.
Osagie initially made no admissions and was released without charge. After fingerprint examination identified his prints on the drug wrappings, he was re-arrested. He gave no explanation and was charged. On the trial date, 27 February 2018, he pleaded guilty. The court was told he had 11 previous convictions for road traffic and public order offences.
The appeal centred on the sentencing judge’s notional nine-year sentence, which the appellant argued was outside the range described by the judge as the lower end of the mid-range. The Court of Appeal said the sentencing judge was entitled to give weight to Osagie’s role in drug supply, the variety and value of the drugs, the concealed compartment and the cash. It said he was not acting as a courier but had played a “very significant role” in supply.
The appeal court said the pre-mitigation sentence may have been at the outer range but remained within the permitted margin. It also found that the sentencing judge had considered mitigation, including the guilty plea, probation report, youth and family circumstances, and had given significant credit for it. The final three years were suspended to incentivise rehabilitation.
Finding no error in the assessment of gravity or the sentence imposed, the Court of Appeal dismissed the appeal. The suspension and five-year period remained as ordered by the Circuit Court.