Judge 'takes leap' in suspending drug sentence

A former drug addict who is a part-time carer for his ill mother has been given a four-year suspended sentence for having cocaine worth €24,000 in his home.

Michael Fleming (aged 21) of Foxdene Green, Clondalkin pleaded guilty at Dublin Circuit Criminal Court to possession of the drugs for sale or supply on January 5, 2007.

A small amount of the drug was found in his car during a routine garda checkpoint and he later indicated where the larger stash of cocaine could be found in his home. It was accepted his role was to transport the drugs.

Judge Tony Hunt said that in suspending the sentence, he was "taking this leap, which I think is justified" because Fleming had no previous convictions, had made admissions to gardaí, had since rehabilitated and come off drugs and a probation report before the court concluded that he was at a low risk of re-offending.

He said it was a serious offence and added that "you only have to turn on the radio to hear the affects cocaine has on society".

"It is a very distinct social evil and involvement in it has to be taken in a serious way," Judge Hunt said before he accepted that although the value of the drugs was substantial, it would not place Fleming very high up the ladder in relation to drug dealing.

Judge Hunt said he also considered Fleming to be a "useful member to society" who participated in his local youth centre and noted also he had not come to garda attention since the offence.

He suspended the four year term after warning Fleming that if he committed any crime - "even something minor in nature" - he would be brought back before the courts "to serve the entirety of your sentence".

Judge Hunt said he had taken "an exceptional step" considering the "unusual nature" of Fleming’s case but added that this was not an indicator of how other drug cases would be dealt with before the courts.