Appeal court sets aside 12-year drug sentence

The Court of Appeal has set aside a man’s 12-year prison sentence for possession of drugs worth over €4m in a case that raised an "important question" regarding construction of the Misuse of Drugs Act, as amended.

Stephen Geraghty, aged 50, of Neilstown Drive, Clondalkin, had pleaded guilty to possession of cannabis worth over €4m for sale or supply at Nutts-town, Clonee, Co Meath, on November 27, 2003, and possession of €350,000 worth of cocaine for sale or supply in Lucan on May 30, 2004.

Geraghty was sentenced to 12 years’ imprisonment in December 13, 2011.

The DPP yesterday accepted there were errors in Geraghty’s sentence and the appeals court was required to set aside his sentence.

The court had reserved judgment on Geraghty’s appeal last month because the case raised what Ms Justice Mary Finlay-Geoghegan described as an “important question of construction” regarding the Act.

Geraghty’s barrister, Ciaran O’Loughlin, had asked the court to consider whether one can commit or be convicted of a second offence under the Act when one hasn’t been convicted of a first offence under the Act.

Geraghty was not convicted of the first offence of November 2003 and was on bail when he committed the second offence of May 2004, the court heard.

Geraghty’s new sentence will be imposed on December 15.