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Case
Case No:00174
Year:2007
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Keywords:Drugs - Sale or supply - Imprisonment - Drug addict.
Offences
Offence(s) Charged:Count 01: Unlawful possession of controlled drug contrary to section 3 of the Misuse of Drugs Act.
Count 02: Unlawful possession of controlled drug contrary to section 3 of the Misuse of Drugs Act.
Count 03: Unlawful possession of controlled drug contrary to section 3 of the Misuse of Drugs Act.
Count 04: 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 05: 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.
Offence(s) Taken into Consideration:Count 3.
Ancillary/Consequential Orders Made:Forfeiture and destruction order for the drugs. Forfeiture of cash totalling €1,220. Certification for Drugs Register under the Criminal Justice Act 2006.
Date Of Offence:11/04/2006
Comments on Offence dates:
Location Of Offence: Private residence, Dublin.
Brief Description Of Offence(s):The Gardaí obtained a search warrant for the accused’s address. They stopped the accused on his return home and searched him. The accused became agitated and threw some amphetamine tablets onto the ground. The Gardaí then searched his home address. While in the Garda station the accused informed the Gardaí where the drugs could be found in his home. A 9 ounce bar of cannabis resin was found together with a batch of cocaine. Two sums of cash to the value of €720 and €540 were also located. The accused admitted that he had the drugs for the purposes of supply and admitted selling cocaine in the area. In total the drugs were valued at €2,000. The accused stated that he had a crack cocaine addiction.
Sentencing Comments:The accused had assisted Gardaí in the search of his home and this stands to his credit. He had a crack cocaine addiction at the time but was also on a methadone programme. The court had been led to understand that the accused was actively involved in rehabilitation yet the only report before the court was dated 3 days post the sentence hearing. It was, however, negative for recreational drugs. The court had adjourned sentence to allow for a report be prepared and the only report available shows only one clear sample. This fell short of what the court expected.
OffenderDetails
Gender:M
Age At Date Of Offence:26
Drug Status:Drug addict.
Age At Date Of Sentence:27
Nationality:Irish.
Previous ConvictionsYes
The accused has 8 previous convictions. The most recent conviction was recorded in the District Court in June 2005 for an offence of unlawful possession of a controlled drug for which a fine of €150 was imposed. The remaining convictions were all District Court convictions for offences of burglary, handling stolen goods and unlawful possession of controlled drugs.
Custodial :No
Previous Custodial Sentence(s):
Other Personal Information: The accused has a crack cocaine addiction and was selling drugs to feed that addiction. He has not come to Garda attention since the date of this incident. He is a single man with one son. He lives with his parents. He has worked in the past as a kitchen porter but injured tendons in his hand. It was put to the court that the accused was attempting to rehabilitate himself and had been attending at his local GP. He had managed to wean himself off methadone but was still dealing with his cannabis addiction. There was no report from the GP in court but it could be obtained for the next date. On the adjourned date a report with the results of one sample given to the court.
On Bail At Date Of Offence: No

Offender's Role In Offence:Selling controlled drugs.
Degree Of Co-operation With Investigation:Fully cooperated with investigation. Made admissions in interview.
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 Decision
Type Of Appeal:
Variation On Appeal
Date Of Appeal Decision:
Appeal Decision:
WeaponsDrugs
Weapon Used In Committing Offence:No
Type Of Weapon:
Value Of Any Drugs Involved:In total the drugs were valued at €2,000.
Value/Nature Of Any Property Stolen
Comments
Researcher’s CommentsNolle entered in relation to counts 1 and 2. Refuse leave to appeal. Grant legal aid in event of an appeal.
Sentences
Case No Date Of Sentence Offence Sentenced Plea Sentence Age
2007/00174 16/07/2007 Count 04: 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. Guilty Imprisonment-->18 months 27
2007/00174 16/07/2007 Count 05: 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. Guilty Imprisonment-->18 months 27