Man found asleep among cannabis plants appeals sentence

A man found asleep among cannabis plants potentially worth €1.4 million has had his prison sentence cut on appeal.

Cao Son Nguyen (30), of no fixed abode, had pleaded guilty to the cultivation and possession of cannabis for sale or supply at a unit in the Clash Industrial Estate, Tralee, Co Kerry, on October 21st, 2013.

Nguyen, a Vietnamese national, had been sentenced to 10-years' imprisonment, with the final four suspended, by Judge Tom E O'Donnell at Tralee Circuit Criminal Court.

Nguyen successfully appealed his sentence in the Court of Appeal on Monday and was given seven-and-a-half-years’ imprisonment, with the final three years suspended.

Counsel for Nguyen, Philip Sheahan SC, told the court that Nguyen’s case was akin to a growhouse case and that it was unusual for the DPP to have charged his client with a sale or supply offence in that context.

Mr Sheahan said his client, who slept beside a toilet in the unit, was found asleep among the plants by gardaí.

Judgment

Giving judgment in the Court of Appeal, Mr Justice Garrett Sheehan said the fact that the sale or supply offence occurred in the context of a "growhouse operation" did not in any way diminish the offending behaviour.

The court heard that some of the plants had reached maturity.

He said the court saw merit in submissions by Mr Sheahan that the sentencing judge placed the offence on too high a point on the scale of available penalties and did not sufficiently differentiate between Nguyen and his co-accused.