DPP v Anthony Kelly

JurisdictionIreland
JudgeFennelly J.
Judgment Date25 July 2008
Neutral Citation[2008] IECCA 103
Date25 July 2008
CourtCourt of Criminal Appeal
Docket Number[C.C.C. No. 86 of 2006]
DPP v Kelly
Application for leave to appeal against sentence
The People at the Suit of the Director of Public Prosecutions
V
John Paul Kelly
Applicant

[2008] IECCA 103

234/07

COURT OF CRIMINAL APPEAL

CRIMINAL LAW

Sentence

Severity - Drugs offences - Plea of guilty - Stage of proceedings when plea offered - Whether accused should be given credit for guilty plea - Whether trial judge erred in depriving accused of benefit of plea of guilty - Criminal Justice Act 1999 (No 10), s 29 - Application for leave to appeal refused (234/2007 - CCA - 25/7/2008) [2008] IECCA 103

People (DPP) v Kelly

1

25th day of July 2008 by Fennelly J.

2

This is an application for leave to appeal against severity of a sentence of 7 years imprisonment imposed by Her Honour Judge Delahunt in the Dublin Circuit Criminal Court. The applicant pleaded guilty to one count of possession of drugs, diamorphine or heroin for supply. It is not as. 15A case because the value of the actual drugs found in his actual possession were less than €13, 000. It followed from a search warrant issued to the Garda Síochána which was executed on 16 th December, 2005 at the applicant's flat at Old Distillery Building in Beresford Street. There was a Garda surveillance operation put on the flat and the Gardai found one person leaving the flat who had 10 packets of heroin on him which were subsequently valued at €3, 200. He also had the key of the flat on him, that other person, and the Gardai then, in execution of the warrant and using the key, went into the flat where the applicant was found lying on a bed speaking on his mobile and when he saw the Gardai he shouted out "Its the Guards, it's the Guards". A search of the flat then revealed a number of incriminating items €10, 695 in cash, which at a later stage the applicant accepted, was the proceeds of drug dealing, five knotted bags of brown paper powder containing heroin to the value of €1, 300, a box of clear plastic bags, some cut off plastic bags, brown wrapping paper, blue carbon paper, which is used to disguise the presence of drugs on importation, to disguise them from x-ray machines, a weighing scales found on analysis to have traces of heroin on it, a mobile phone which had text messages showing requests for drugs. There was a series of Garda...

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11 cases
  • DPP v District Judge Elizabeth McGrath
    • Ireland
    • Supreme Court
    • 21 September 2021
    ...were repeated in 1986 without amendment in this regard. Moreover, the courts, commencing with the judgment in People (D.P.P.) v. Kelly [2008] IECCA 103, [2008] 3 I.R. 202 have given guidance as to the exercise of the discretion identified in Bell and, therefore, the jurisdiction first ident......
  • F(S) v Her Honour Judge Yvonne Murphy, DPP, Ireland and Attorney General
    • Ireland
    • High Court
    • 18 November 2009
    ...IEHC 232 RSC O.99 r1 USK & DISTRICT RESIDENTS ASSOCIATION LTD v BORD PLEANALA & ORS UNREP MACMENAMIN 8.7.2009 2009 IEHC 346 DPP v KELLY 2008 3 IR 202 2007/19/3829 2007 IEHC 450 CURTIN v CLERK OF DAIL EIREANN & ORS UNREP SUPREME 6.4.2006 2006/13/2688 2006 IESC 27 DUNNE v MIN FOR ENVIRONMENT ......
  • DPP v Bourke Waste Removal Ltd and Others
    • Ireland
    • Court of Criminal Appeal
    • 24 May 2012
    ...2006 S24 AG, PEOPLE v BELL & ORS 1969 IR 24 1971 105 ILTR 41 RSC 1962 O.99 r1(1) RSC 1962 O.99 r1(3) RSC 1962 O.99 r1(4) DPP v KELLY 2008 3 IR 202 2007/19/3829 2007 IEHC 450 DPP v MCNICHOLAS T/A JOHN JOE MCNICHOLAS PLANT HIRE & ORS UNREP COOKE 20.12.2011 2011/19/4642 2011 IECCC 2 F (S) v......
  • DPP v Bourke Waste Removal Ltd & Others
    • Ireland
    • High Court
    • 12 March 2010
    ...103 26. On the point at issue, apart from Bell, the only decision which I have been referred to is that of The People (D.P.P.) v. Kelly [2008] 3 I.R. 202 ("Kelly"). No authorities external to this jurisdiction were cited and whilst I recognise that substantive criminal law is peculiar to ea......
  • Request a trial to view additional results

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