DPP v Anthony Kelly

 
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[2008] IECCA 103

COURT OF CRIMINAL APPEAL

Fennelly J.

Budd J.

O'Higgins

234/07
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

234/07 - Fennelly (ex-tempore) - CCA - 25/7/2008 - 2008 19 4090 2008 IECCA 103

MISUSE OF DRUGS ACT 1977 S15A

CRIMINAL JUSTICE ACT 1999 S29

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

Judgment of the Court (ex tempore) delivered on the
Fennelly J.
1

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 16th 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...

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