Graphic Logo for ISIS the Irish Sentencing and Information services depicting scales and text
Return to Cases
Case
Case No:00015
Year:2007
Ref. No:
Linked Cases:
Keywords:Drugs - Imprisonment - Foreign national - Section 15A - No previous convictions.
Offences
Offence(s) Charged:Count 01: Unlawful possession of controlled drug contrary to section 3 of the Misuse of Drugs Act.
Count 02: Possession of a controlled drug for the purpose of selling or otherwise supplying it to another contrary to section 15 of the Misuse of Drugs Act.
Count 03: Unlawful importation of a controlled drug contrary to section 21(2) of the Misuse of Drugs Act.
Count 04: Possession of a controlled drug for the purpose of selling or otherwise supplying it to another with a value in excess of €13,000 contrary to section 15A of the Misuse of Drugs Act, as amended.
Offence(s) Taken into Consideration:
Ancillary/Consequential Orders Made:Forfeiture and destruction of the drugs. Confiscation of $1,000 found on accused at time of arrest. Certification that accused be placed on the Drugs Register under the Criminal Justice Act 2006.
Date Of Offence:27/03/2006
Comments on Offence dates:
Location Of Offence: Dublin Airport.
Brief Description Of Offence(s):The accused was stopped by customs official in Dublin Airport. She consented to giving a urine sample which tested positive for cocaine. The accused was taken to hospital where she was discovered to be carrying 117 pellets of cocaine within her person. The amount of cocaine was in excess of 1 kilo and valued at €74,036. The accused had swallowed the cocaine over a period of 12 hours and was given $1,000 before she left the foreign jurisdiction.
Sentencing Comments:Accused is charged with very serious offence. The court accepts that the accused must have been under severe financial pressure to carry the drugs within her person and the danger of such a method. However, the accused was not a drug addict and carried the drugs for reward. The accused made an early plea, was genuinely remorseful and gave as much material assistance to the Gardaí as she could. Very positive testimonials had been handed into court. It was clear that the accused used her time in prison positively and to the assistance of other foreign prisoners. The court was conscious of the difficulties the accused faced as a foreign national serving a sentence without the support of her family. Because of all the matters outlined the court had discretion to deviate from the suggested minimum sentence.
OffenderDetails
Gender:F
Age At Date Of Offence:34
Drug Status:Not an addict.
Age At Date Of Sentence:35
Nationality:Foreign national.
Previous ConvictionsNo

Custodial :No
Previous Custodial Sentence(s):
Other Personal Information: Accused is divorced with two children. Accused is also responsible for the care of her ill mother who lives abroad. She has three siblings. Her father died when she was a teenager. Accused left school as a teenager and has gone from job to job. At the time she agreed to carry the drugs she was suffering from severe financial and emotional difficulties. Positive reports handed in to court from the chaplin, the head teacher and the governor of the prison in which she was in custody. She is described in the reports as being an asset to other people and generous with her time and skills.
On Bail At Date Of Offence: No

Offender's Role In Offence:Carrying controlled drugs within her person.
Degree Of Co-operation With Investigation:Made admissions and explained her role in the transaction.
Sentence Imposed On Co-Accused
Date Of Sentence:
Victims
Number Of Victims:
Nationality
Age Of Victim
Gender Of Victim:
Victim Impact

Appeal
Date Of Appeal
Court DecisionAppeal by Accused against Sentence
Type Of Appeal:
Variation On Appeal
Date Of Appeal Decision:Certificate refused.
Appeal Decision:
WeaponsDrugs
Weapon Used In Committing Offence:No
Type Of Weapon:
Value Of Any Drugs Involved:€74,036.
Value/Nature Of Any Property Stolen
Comments
Researcher’s CommentsSentence backdated to March 2006. Leave to appeal refused. Certificate for legal aid in event of appeal allowed. Nolle entered in relation to other counts on indictment.
Sentences
Case No Date Of Sentence Offence Sentenced Plea Sentence Age
2007/00015 08/03/2007 Count 04: Possession of a controlled drug for the purpose of selling or otherwise supplying it to another with a value in excess of €13,000 contrary to section 15A of the Misuse of Drugs Act, as amended. Guilty Imprisonment-->6 years
Last 2 years suspended for period of 2 years on condition be of good behaviour and keep peace. Own bond €100.		 35