DPP v Coll

 
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[2014] IECA 61

THE COURT OF APPEAL

Sheehan J.

Birmingham J.

Sheehan J.

Mahon J.

241/13

The People at the Suit of the Director of Public Prosecutions
V
Sarah Coll
Appellant

Crime & sentencing – Drugs – Possession of Cannabis and Diamorphine – Appeal against setence

Judgment of the Court (ex tempore) delivered on the 28th day of November 2014, by Mr. Justice Sheehan
1

This is an appeal against sentence.

2

On the 7th June, 2013, Sarah Coll pleaded guilty to a charge of possession of cannabis to the value of approximately €28,260 contrary to s. 15A of the Misuse of Drugs Act, 1977 (as amended) and to a charge of possession of Diamorphine for her own personal use.

3

Sarah Coll was sentenced to six years imprisonment with the final three years of that sentence suspended for a period of three years on the s. 15A charge provided she entered into a bond to keep the peace and be of good behaviour for that period. Both offences were committed on the 24th September, 2012.

The Facts
4

On the 24th September, 2012, the appellant was arrested at the Deadman's Inn, Palmerstown, Co. Dublin, following a surveillance operation by the National Bureau of Criminal Investigation. She was found in possession of a small amount of Diamorphine and following a subsequent search of her home, cannabis to the value of €28,260 was found in her bedroom.

5

Sarah Coll readily admitted to the gardaí her involvement relating to the cannabis that was found in her home and told the gardaí that she was holding it for her boyfriend. This explanation appears to have been accepted by the gardaí. These seem to the essential facts insofar as they relate to Sarah Coll.

6

At the time of her trial, two people whom this Court will refer to as co-accused pleaded guilty to offences involving the possession of drugs valued at over €2 million and evidence relating to the description of these offences referred to Sarah Coll accompanying one of the men when a major transaction took place, in respect of which he was charged.

7

The charges in respect of these more serious matters were proceeded with in respect of the two co-accused. At the time of sentence Sarah Coll had no previous convictions and had overcome a...

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