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No disparity in sentencing approach where situations of co-accused were entirely different
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Court of Appeal dismisses appeal against severity of sentence, on the grounds that: (a) there was no disparity as the relative situations of the appellant and his co-accused were entirely different, both in terms of the roles they played and their relevant personal circumstances; (b) there was ample evidence to support the proposition that the appellant could fairly be described as someone acting in a managerial or organisational capacity, and it was properly open to the judge to draw that conclusion from the totality of the evidence incriminating him, independently of any observations made by the prosecuting Garda; and (c) it was significant that the co-accused appeared to have cooperated with the Gardaí in a way which the appellant elected not to.
Offences: one count of possession of cannabis for the purpose of selling or otherwise supplying it to another contrary to s. 15 of the Misuse of Drugs Act 1977 and one charge of possession of cannabis for the purpose of selling or otherwise supplying it to another, in circumstances where the market value amounted to €13,000 or more, contrary to s. 15A of the Misuse of Drugs Act 1977
Original sentences: five years and ten years, with last two years suspended of latter sentence
Appeal by: defence, on grounds that judge failed to have regard to the principle of parity when sentencing the appellant and his co-accused, should not have considered the opinion and/or hearsay evidence of the prosecuting Garda and failed to have proper regard for the fact that the appellant’s only previous conviction (apart from some minor road traffic offences) was for possession of a small amount of cocaine for personal use in 2005
Outcome: appeal dismissed
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