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16/02/2011
Drug Sentencing Rocked By Decision
Prisoners currently in jail for drug related crimes could see their sentences reduced after a Supreme Court found difficulties with the valuation's carried out by Gardai.
Yesterday, Alphonsus Connolly, who had been jailed for 10 years for drug possession, has had his conviction quashed by a five-judge Supreme Court due to the prosecution’s failure to prove the drugs found in Mr Connolly's possession were worth more than €13,000.
Currently, the law provides for a minimum mandatory sentence of 10 years for those found with illegal drugs valued at more than €13,000. But Mr Connolly's defense team appealed his initial sentencing, disputing the value of the drugs found.
The judgment could affect the conduct of other prosecutions on drug charges.
Following the judgement, the Supreme Court said it would not order a retrial.
Today's decision is not the first time Gardaí have faced difficulties over their estimations on the value of various drugs.
In January last year, Gardaí reduced their estimated value for ecstasy tablets, sparking fears of a series of legal challenges by individuals caught in possession of drugs.
Gardaí had been operating on the basis of a €10-per-tablet estimated value for ecstasy; However, an official review of all street drug prices ecstasy slashed that estimate by half.
(DW)
Yesterday, Alphonsus Connolly, who had been jailed for 10 years for drug possession, has had his conviction quashed by a five-judge Supreme Court due to the prosecution’s failure to prove the drugs found in Mr Connolly's possession were worth more than €13,000.
Currently, the law provides for a minimum mandatory sentence of 10 years for those found with illegal drugs valued at more than €13,000. But Mr Connolly's defense team appealed his initial sentencing, disputing the value of the drugs found.
The judgment could affect the conduct of other prosecutions on drug charges.
Following the judgement, the Supreme Court said it would not order a retrial.
Today's decision is not the first time Gardaí have faced difficulties over their estimations on the value of various drugs.
In January last year, Gardaí reduced their estimated value for ecstasy tablets, sparking fears of a series of legal challenges by individuals caught in possession of drugs.
Gardaí had been operating on the basis of a €10-per-tablet estimated value for ecstasy; However, an official review of all street drug prices ecstasy slashed that estimate by half.
(DW)
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