DPP v Brooks
| Jurisdiction | Ireland |
| Judge | Ms. Justice Kennedy |
| Judgment Date | 01 July 2022 |
| Neutral Citation | [2022] IECA 161 |
| Court | Court of Appeal (Ireland) |
| Docket Number | Record Number: 46/2021 |
[2022] IECA 161
Edwards J.
Kennedy J.
Ní Raifeartaigh J.
Record Number: 46/2021
THE COURT OF APPEAL
Sentencing – Possession of drugs with a value of €13,000 or more for the purpose of sale or supply – Severity of sentence – Appellant seeking to appeal against sentence – Whether the judge erred in failing to partially suspend the sentence
Facts: The appellant, Mr Brooks, pleaded guilty to an offence contrary to s. 15A of the Misuse of Drugs Act 1977, as amended, being the possession of drugs with a value of €13,000 or more for the purpose of sale or supply. On the 24th February 2021, the appellant was sentenced to four and a half years’ imprisonment. The appellant appealed to the Court of Appeal against severity of sentence. It was said that the judge erred in failing to partially suspend the sentence.
Held by the Court that in order for it to intervene there must be an identified error of principle. The Court held that the fact that the judge did not consider it appropriate to suspend any element of the sentence did not give rise to such an error. The Court held that the sentence was entirely within the judge’s margin of appreciation, and it was not at all persuaded that the judge erred in any respect.
The Court dismissed the appeal.
Appeal dismissed.
JUDGMENT of the Court delivered (ex tempore) on the 1st day of July 2022 by Ms. Justice Kennedy.
This is an appeal against severity of sentence. The appellant pleaded guilty to an offence contrary to s. 15A of the Misuse of Drugs Act, 1977, as amended, being the possession of drugs with a value of €13,000 or more for the purpose of sale or supply. On the 24th February 2021, the appellant was sentenced to four and a half years' imprisonment.
The background facts are that on the 24th May 2019, Gardaí attached to Tallaght Garda Station were on a mobile drug patrol in an unmarked car when they observed two males on bicycles, one being the appellant, cycling into a housing estate.
Gardaí noted that both males were carrying Adidas bags, one with white stripes and one with yellow stripes. At this point in time, both bags appeared empty. Gardaí followed them from a distance and contacted a colleague for assistance. When this Garda caught sight of the two males, their bags now appeared to be full. The Garda attempted to intercept one of the males, the appellant, the other man having run away.
At approximately 6:30pm, the appellant was arrested, and three plastic packages were discovered in the Adidas bag he was carrying. The bags contained 2.995 kilograms of cannabis with a value of €59,980. Following arrest and caution the appellant said: “I did it for money. I have my daughter's Communion tomorrow in Carlow. All for €200.”
The appellant was conveyed to Tallaght Garda Station and detained pursuant to the provisions of s. 2 of the Criminal Justice (Drug Trafficking) Act of 1996. At approximately 10:30pm he was interviewed by Gardaí. At that point in time, he had prepared a statement with his solicitor in relation to the incident. He said that he was deeply sorry for what he had done, that he was doing it to reduce his drug debt and that he had a cocaine addiction. He claimed that his drug debt was €1800 and that there was an arrangement with those to whom he owed the debt that this would be reduced on completion of the drugs transaction that is the subject of the offending herein. The appellant also indicated that he would be pleading guilty in relation to the matter.
The appellant has two children and is said to be rebuilding the relationship with the mother of his children. He has limited education and was in employment until December 2019. The appellant's introduction to drugs was through cannabis at the age of 14. It is said that he developed an addiction to crack cocaine and accrued a debt. It was accepted by the Prosecuting Garda that the appellant was no longer addicted to cocaine, but that he had a drug debt and was under threat relating thereto.
The appellant is a man with 18 previous convictions. Relevant previous convictions include four previous convictions in relation to s. 3 of the Misuse of Drugs Act, one previous conviction in relation to s. 15 of the Misuse of Drugs Act and another previous conviction for the supply of controlled drugs into a place of detention.
The judge acknowledged the appellant's remorse and his efforts to rehabilitate himself. In that respect, the appellant was attending a counselling programme and had not come to Garda attention for a period approaching two years. A Probation Report was furnished to the court which referred to the appellant's assertion that he was drug free and his willingness to demonstrate his drug free status. The Report expressed a high risk of re-offending, however, the judge felt that this was unduly pessimistic and was of the view that there was every chance the appellant could be rehabilitated. Letters from his family were also relied upon together with...
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