Home > Courts service Judgements: DPP v Connolly. (Appeal due to evidence about the value of the drugs seized).

[Courts.ie] Courts service Judgements: DPP v Connolly. (Appeal due to evidence about the value of the drugs seized). (03 Mar 2011)

URL: http://www.courts.ie/Judgments.nsf/09859e7a3f34669...

JUDGMENT of Mr. Justice Fennelly delivered the 15th day of February, 2011.

1. The appellant was charged, at the Circuit Criminal Court in November 2007, with two counts of possession of controlled drugs, namely amphetamines, for sale or supply at Kill West, Kill County Kildare on 16th November 2004. The first, the section 15A count, alleged that the drugs had a market value of €13,000 or more. In the second count, possession of the same drugs for sale or supply was charged but no value was alleged. The appellant pleaded guilty on arraignment to the latter count but contested the first. The only real issue was as to the adequacy of proof of the value of the drugs, which is the issue before the Court on this appeal. The jury, sitting with his Honour Judge O’Shea, convicted the appellant. The appellant was sentenced to ten years imprisonment on this count and to four years imprisonment to run concurrently on count number 2.

2. By the first count, the prosecution alleged that the appellant had had in his possession for the purpose of sale or supply a quantity of amphetamines with a market value of €13,000 or more contrary to section 15A (as inserted by section 4 of the Criminal Justice Act, 1999) and section 27 (as amended by section 5 of the Criminal Justice Act, 1999) of the Misuse of Drugs Act, 1977. This offence attracts a minimum presumptive sentence of ten years’ imprisonment. Hence, the interest of the appellant in contesting the value of the drugs....

 

Item Type:News
Source:Courts.ie
Date:3 March 2011
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Subjects:VA Geographic area > Europe > Ireland
MM-MO Crime and law > Criminal penalty
MP-MR Policy, planning, economics, work and social services > Economic aspects of substance use (cost / pricing)

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