DPP v Beatty

 
FREE EXCERPT

[2012] IECCC 2

THE HIGH COURT CENTRAL CRIMINAL COURT

CC.0033/2011
DPP v Beatty

Between:

THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS)
Prosecutor
v.
JASON BEATTY
Defendant

CC33/2011 - Sheehan - CCC - 11/6/2012 - 2012 11 2939 2012 IECCC 2

CRIMINAL LAW ACT 1997 S7(2)

CRIMINAL LAW ACT 1997 S7(4)

MISUSE OF DRUGS ACT 1977 S15

MISUSE OF DRUGS ACT 1977 S3

FIREARMS & OFFENSIVE WEAPONS ACT 1990 S11

FIREARMS & OFFENSIVE WEAPONS ACT 1990 S9(1)

DPP v MCCORMACK 2000 4 IR 356 2000/8/3024

DPP v KAVANAGH UNREP CCA 24.7.2008 2008/19/4062 2008 IECCA 100

DPP v WHITE UNREP CCA 9.11.2009 2009/19/4704 2009 IECCA 126

MISUSE OF DRUGS ACT 1977 S5

MISUSE OF DRUGS ACT 1977 S27

MISUSE OF DRUGS ACT 1977 S27(3)

MISUSE OF DRUGS ACT 1977 S28

DPP v M 1994 3 IR 306 1994 2 ILRM 541 1994/9/2641

DPP v DUFFY UNREP CCA 21.12.2001 2001/7/1809

DPP v DUCQUE UNREP CCA 15.7.2005 2005/19/3955 2005 IECCA 92

DPP v SPRATT UNREP CCA 10.12.2007 2008/21/4599 2007 IECCA 123

DPP v LONG 2009 3 IR 486 2009/17/4110 2008 IECCA 133

DPP v GILLIGAN (NO 2) 2004 3 IR 87 2003/16/3559

DPP v PIERCE UNREP CCA 4.2.2008 2008/21/4517 2008 IECCA 10

DPP v MCMANUS UNREP CCA 21.3.2003 2003/18/4168

CRIMINAL LAW

Sentence

Misuse of drugs - Possession controlled substance for purpose of sale or supply - Impeding apprehension or prosecution of third party - Mitigating factors - Guilty plea -Whether non-custodial sentence appropriate - Factors to be considered - People (DPP) v M [1994] 3 IR 306; People (DPP) v McCormack [2000] 4 IR 356; People (DPP) v Pierce [2008] IECCA 10 (Unrep, CCA, 4/2/2008) considered - Misuse of Drugs Act 1977 (No 12), s 15 - Criminal Law Act 1997 (No 14), s 7 - Sentence imposed (CC33/2011 - Sheehan J - 11/6/2012) [2012] IECCC 2

People (DPP) v Beatty

[1] Overview
2

2 [1.1] On the 12 th March 2012, the accused pleaded guilty to two counts on the indictment. The first count was that on the 7 th December 2008, he impeded the apprehension or prosecution of Conor Duffy in respect of the unlawful killing of Aidan O'Kane contrary to s.7 (2) and (4) of the Criminal Law Act 1997. The second count was that, between the 7 th December 2008 and the 11 th December 2008, the accused had possession of cannabis resin and cocaine for the purpose of selling or otherwise supplying to another contrary to s. 15 of the Misuse of Drugs Act 1977 as amended.

[2] Factual background
2

2 [2.1] On the 7 th December 2008, Aidan O'Kane was shot dead in a laneway in East Wall, Dublin 3. The prime suspect for that killing was Conor Duffy who was ultimately tried and convicted of the manslaughter of Aidan O'Kane. In the course of the investigation into the death of Aidan O'Kane, the gardaí discovered that Conor Duffy had been supplied with a change of clothing and runners and that the clothing he had been wearing at the time of the killing had been burned at a disused factory premises. Gardai found the burnt remains of the clothing and also a bag containing a white Tupperware box in the cavity of the wall. The Tupperware box contained an amount of cannabis and cocaine. An analysis of the materials determined that the cannabis weighed 758 grams and had a value of approximately €5,311. The cocaine weighed 53 grams and had a value of approximately €3,759 giving a total approximate value of €9,070. A further bag containing a revolver was also found within the wall cavity which was subsequently confirmed to be the weapon that had been used in the killing of Aidan O'Kane.

[3] Facts arising from the sentencing hearing
2

2 [3.1] The accused is twenty-one years of age. He became involved in drugs when he left school at the age of fifteen. He was eighteen years of age at the time of the commission of the offences. The accused has five previous convictions which are as follows: - a conviction for an offence pursuant to s.15 of the Misuse of Drugs Act 1977, as amended, for which the accused received a suspended sentence and an offence pursuant to s.3 of the Misuse of Drugs Act 1977, as amended, was also taken into consideration on that date, a conviction for failing to appear on a remand date and offences pursuant to s.11 and s.9 (1) of the Firearms and Offensive Weapons Act. None of these offences resulted in the accused serving a sentence of imprisonment.

3

3 [3.2] The Detective Garda in charge of the prosecution agreed with the suggestion that the accused was unfortunate to have found himself in the wrong place at the wrong time and confirmed that the accused, when asked by gardai about his involvement, had said that he was helping " a friend in need" and explained that he and Conor Duffy had been in school together fifteen years ago. The Detective Garda also...

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