An appeal by the DPP against a "lenient" 18-month sentence for drug offences imposed on a Dublin man, described as a main heroin supplier, was dismissed by the Court of Criminal Appeal yesterday.
Counsel for the DPP, Mr Fergal Foley, suggested the trial court should have imposed a sentence of five to six years on Eamonn Nolan (32), of Lower Oriel Street, Dublin. Nolan received the sentence for handling a gold engagement ring on July 12th, 1998, knowing it to be the proceeds of crime and having £540 worth of heroin for his own use and £1,040 worth for sale or supply on the same date.
Mr Foley said Nolan had 30 previous convictions and was said by gardai to be a main supplier of heroin in the Sheriff Street area of Dublin.
Mr Luigi Rea, for Nolan, said a five- or six-year sentence would have been appropriate if his client had not been a heroin-abuser. But at the time Nolan was involved in the offences to fuel his heroin habit and the trial judge was aware of that. The judge was also aware that when the matter was before him, Nolan was drug-free.
The object of sentencing policy was not just to act as a deterrent but to afford an accused the opportunity of returning to an honest life, counsel said. His client had pleaded guilty.
Counsel rejected claims that his client was a main heroin-dealer or that he was always hiding from gardai. Nolan was dealing heroin to feed his habit.
He had been in custody since July 1998 and had begun rehabilitation, Mr Rea said. He had remained drug-free since and was presently in the Training Unit of Mountjoy Prison, which was drug-free.
Mr Justice Lynch, sitting with Ms Justice McGuinness and Mr Justice Quirke, said the trial judge was entitled to take into account the fact that Nolan was drug-free and to show leniency. Nolan remained drug-free and the court would take the line adopted by the sentencing judge and refuse the DPP's appeal.
