DPP v Mahony

• Jurisdiction: Ireland
• Judge: Mr. Justice Sheehan
• Judgment Date: 24 November 2014
• Neutral Citation: [2014] IECA 57
• Date: 24 November 2014
• Court: Court of Appeal (Ireland)
• Docket Number: 262/13 263/13

[2014] IECA 57

THE COURT OF APPEAL

Sheehan J.

Ryan P.

Birmingham J.

Sheehan J.

262/13

263/13

The People at the Suit of the Director of Public Prosecutions

Respondent

V

Mark Mahony

and

Jason Brennan

Appellants

Crime & sentencing – Drugs – Appeal against sentence – Appellants in possession of drugs worth approximately €3,500,000 – Whether sentences excessive

Facts: The appellants had been convicted of offences contrary to the Misuse of Drugs Act 1977, in respect of their possession of heroin and cocaine worth up to €3,500,000. They now appealed against their sentences, alleging the sentences handed down were excessive.

Held by Mr Justice Sheehan, the other Justices concurring, that the appeal would be dismissed. The Court was satisfied the sentencing judge had taken due account of the relevant mitigating factors in the case and given appropriate weight to them.

Judgment of the Court (ex tempore) delivered on the 24th day of November 2014, by Mr. Justice Sheehan

Mr. Justice Sheehan

1 In this case Mark Mahony and Jason Brennan both pleaded guilty to offences contrary to s. 15A of the Misuse of Drugs Act 1977, as amended and were each sentenced to thirteen years imprisonment with final three years of the said sentence suspended on their entering into bonds to keep the peace and be of good behaviour for a period of three years.

2 The value of the drugs was estimated to be €3.5 million or thereabouts being €488,761 in respect of the cocaine found and just of €3.1 million in respect of the Diamorphine or heroin as it is commonly called.

3 Both appellants now appeal their respective sentences to this Court on the grounds that their sentences were excessive and oppressive and that insufficient credit was given for their respective mitigating factors and that the trial judge therefore erred in principle in his approach to their respective sentences.

Facts

4 On the 17th January, 2013, Mark Mahony and Jason Brennan met each other at the Texaco extra car park at Monread Road, Naas. Jason Brennan was observed transferring a number of boxes from his car to Mark Mahony's car. When the transfer was completed, both men sought to drive away from the car park, but were stopped and arrested as they attempted to do so. The drugs were seized and both men were taken into custody.

Personal circumstances of Mark Mahony

5 The prosecuting garda confirmed that Mark Mahony is a 31 year old man without previous convictions who has worked tirelessly and consistently as a metal fabricator from the age of 15 years when he left school until he was approximately 30 years old.

6 In 2005 he was in a relationship and he and his partner purchased a house that year. The house was purchased for €260,000 and the mortgage repayments were in the order of €1,300 per month.

7 Shortly after 2010, the relationship broke down and Mark Mahony having taken sole responsibility for the mortgage repayments found himself without a job. At that stage, he became seriously depressed and was abusing alcohol and drugs.

8 He attempted to self harm on no fewer than three occasions, resulting in admissions to James's Hospital and James Connolly Hospital where the records show that on one occasion he had taken an overdose of sleeping tablets and on...