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Appropriate sentence imposed for drugs offence

By: Hannah Godfrey BL

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Court of Appeal upholds sentence for possession of drugs, on the grounds that: (a) the plea of guilty was not an early one; (b) there was no error in imposing the same sentence on the appellant as on his co-accused where  the sentencing judge carefully assessed the evidence and drew a factual distinction between the co-accused and the appellant, being that she considered the previous conviction for the importation of drugs in the instance of the co-accused but also considered that the co-accused had made admissions and had entered an early plea of guilty; and (c) while some of the factors the sentencing judge considered in the context of mitigation were more properly within the ambit of an assessment of culpability, the overall sentence was the appropriate sentence.

Offence: possession of controlled drugs with a value of €13,000 or more contrary to s. 15A of the Misuse of Drugs Act 1977
Original sentence: eight years' imprisonment
Appeal by: defence
Outcome: appeal dismissed

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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