Sentence of 8 years not too lenient, court finds

THE eight-year sentence imposed on a Dublin man caught in possession of almost €3 million worth of cannabis, cocaine and ecstasy was not unduly lenient, the Court of Criminal Appeal has determined.

John Paul Duncan, aged 27, had his ankles and knees sledge-hammered by people unhappy over the loss of the drugs seized by gardaí at the Swiftwood Apartments, Saggart on November 26, 2007.

Duncan, of Drumcairn Avenue, Tallaght, was jailed for eight years by Judge Martin Nolan at Dublin Circuit Criminal Court in April last year, having plead guilty to the possession of the drugs for sale or supply.

The court heard that gardaí uncovered cannabis resin, cannabis herb and ecstasy tablets with a combined valued of €2,803,294 after searching two vans parked outside the apartment complex in Saggart.

The Court of Criminal Appeal determined that the state had failed to demonstrate that an error in principle had been committed in the imposition of the eight year sentence.

Counsel for the state, Remy Farrell BL, told the court that, having regard to the value of the drugs and the fact that the respondent was not a “mere courier”, the sentence was wrong in principle.

He said that Judge Nolan had erred in principle by departing from the presumptive minimum sentence of 10 years for serious drug offences and that the exceptional circumstances necessary to do so were “entirely absent” from the case.

Mr Farrell said it was apparent that Duncan not only had a role in sourcing the vehicles used in transporting the drugs, but had a “back office” function in distribution.

He said that although Duncan pleaded guilty, he entered his plea at a late stage and made admissions only in relation to drugs found in his car.

Counsel for the respondent, Micheal O’Higgins SC, said that Duncan had entered a plea of guilty that had spared the prosecution of calling witnesses.

He said it was accepted by the lower court that Duncan’s only benefit from his involvement in the affair was the free use of the apartment in Saggart.