Misuse of drugs

Proposed deportee unlawfully detained because of delays.

By Mark Tottenham BL in Northern Ireland High Court, Treacy J No Comments Tags: , , ,

Re Reuter [2012] NIQB 6
(High Court of Northern Ireland, Treacy J, 13 January 2012)

Northern Irish High Court concludes that the continued detention of a proposed deportee was unlawful, where the deportation did not take place in timely manner, and adjourns issue of damages to further hearing.

Judicial review – lawfulness of detention – claim for damages – deportation order – failure to deport in timely fashion – right to liberty – Article 5 ECHR – arrest on suspicion of importation of drugs – conviction and sentence in Northern Ireland – Regulation 19(3)(b) of the Immigration (European Economic Area) More

Passive smoking of cannabis not properly considered in discharge of member of Defence Forces.

By Mark Tottenham BL in Clarke J, Ireland Supreme Court No Comments Tags: ,

Rawson v. Minister for Defence [2012] IEHC 26
(Supreme Court, Clarke J (nem diss), 1 May 2012)

Supreme Court allows appeal from High Court, and quashes decision to discharge member of defence forces.

Judicial review – discharge from defence forces – random drug testing – refusal by High Court (Hedigan J) to quash discharge – appeal – positive test for cannabis – defence that applicant had been in car when others smoked cannabis, but had not More

Court refuses to enforce European Arrest Warrant on grounds of proportionality.

By Ciaran Joyce BL in Edwards J, Ireland High Court No Comments Tags: ,

Minister for Justice  v. Ostrowski [2012] IEHC 57

(High Court, Edwards  J, 8 February 2012)

High Court refuses to order surrender to Poland on foot of European arrest warrant for minor drugs offense, on grounds of proportionality.

Section 13 of the European Arrest Warrant Act, 2003 – surrender involves conduct of a de minimis nature – alleged possession of a very small quantity (0.72 grams) of marijuana – unjust and disproportionate interference with the respondent’s constitutional rights and rights under EU law and rights under the European Convention on Human Rights – lower gravity More

Twenty five-year sentence affirmed for role in €108 million drug-smuggling operation.

By Mark Tottenham BL in Ireland Court of Criminal Appeal, McKechnie J No Comments Tags: , ,

DPP v. Daly [2011] IECCA 104
(Court of Criminal Appeal, McKechnie J (judgment of the court), 20 October 2011)

Court of Criminal Appeal affirms 25-year sentence for role in €108 million drug-smuggling operation. (Full text.)

Criminal law – sentencing – appeal from severity – misuse of drugs – possession of cocaine for purpose of supply – 25-year sentence – co-accused sentences to 30 years and 10 years respectively – valuation of drugs at €108 million – massive More

Judge solicited inadmissible character evidence, but sentencing appeal dismissed.

By Mark Tottenham BL in Finnegan J, Ireland Court of Criminal Appeal No Comments Tags: , , ,

DPP v. O’Neill [2012] IECCA 37
(Court of Criminal Appeal, Finnegan J (judgment of the court), 15 February 2012)

Court of Criminal Appeal dismisses appeal from severity of sentence in misuse of drugs offence, notwithstanding that judge solicited inadmissible evidence concerning other unproven matters. (Full text.)

Criminal law – sentencing – appeal from severity – mitigation – previous good character of offender – dispute as to whether offender of previous good character – drugs offence – five years imprisonment with last year suspended – More

Sentence reduced from ten years to seven years (four suspended) for importation of €210K of cocaine.

By Mark Tottenham BL in Finnegan J, Ireland Court of Criminal Appeal No Comments Tags: , ,

DPP v. Malric [2011] IECCA 99
(Court of Criminal Appeal, Finnegan J (judgment of court), 21 December 2011)

Court of Criminal Appeal sets aside sentence of ten years imposed on drugs importer and substitutes a sentence of seven years with the last four years suspended. (Full text.)

Criminal law – appeal from severity of sentence – misuse of drugs offences – possession with intent to supply – unlawful importation – value of drug in excess of €13,000 – Misuse of Drugs Act 1977 – sentences of ten years in respect of two More

DPP v. Malric – CCA – Appeal from conviction, misuse of drugs

By Mark Tottenham BL in Finnegan J, Ireland Court of Criminal Appeal No Comments Tags: ,

DPP v. Malric [2011] IECCA 86
(Court of Criminal Appeal, Finnegan J (judgment of court), Hanna J, O’Keeffe J, 24 November 2011)

Court of Criminal Appeal refuses leave to appeal from conviction in misuse of drugs trial. (Full text.)

Criminal law – misuse of drugs – appeal from conviction – charge to jury – state of knowledge of accused – 29(2), Misuse of Drugs Act 1977 – whether accused had “no reasonable grounds for suspecting” she was in possession of drug – claim of More

DPP v. Ormonde – CCA – Misuse of drugs, sentencing, appeal

By Mark Tottenham BL in Budd J, Ireland Court of Criminal Appeal No Comments Tags: , ,

DPP v. Ormonde [2011] IECCA 46 (29 July 2011)

Court of Criminal Appeal (Budd J, judgment of court) allows appeal from sentence of ten years imprisonment for drugs offence, and substitutes a sentence of seven years with the last two years suspended. (Full text.)

Criminal law – sentencing – sentence of ten years imprisonment – s 15A Misuse of Drugs Act 1977 – admissions during interview – plea of guilty – failure of sentencing judge to give due weight to mitigating factors – whether guilty plea of value in circumstances where offender caught “red-handed” – whether mandatory term of ten years should be mitigated on terms which would encourage offender to overcome habit of using drugs.

The People (D.P.P.) v. Patrick Long [2006] IECCA 49
D.P.P. v. Renald (Unreported, Court of Criminal Appeal, 23rd November, 2001)
The People (D.P.P.) v. Philipus Botha[2004] IECCA 1
The People (D.P.P.) v. John McGrane (Unreported, Ex tempore, Court of Criminal Appeal, 8th February, 2010)
Davis v. D.P.P. (Unreported, Ex tempore, Court of Criminal Appeal, 19th February, 2008)
People (D.P.P.) v. Martin Galligan (Unreported, Court of Criminal Appeal, 23rd July, 2003

DPP v. Finnegan – CCA – Misuse of drugs, definition of possession, charge to jury

By Mark Tottenham BL in Ireland Court of Criminal Appeal, Macken J No Comments Tags: ,

DPP v. Finnegan [2011] IECCA 47 (28 July 2011)

Court of Criminal Appeal (Macken J, judgment of court) refuses leave to appeal from conviction of possession of drugs with intent to supply. (Full text.)

Possession of drugs with intent to supply – appeal against conviction – legal meaning of possession – animus possidendi – whether evidence that the accused knew or had reason to believe that packages contained drugs – test for grant of direction – failure to bring certain matters to the attention of the trial judge – role of Court of Criminal Appeal in review of trial.

DPP v. Kieran Smyth & Another (Unreported, Court of Criminal Appeal, 18th May 2010)
The People (DPP) v. Byrne Healy & Kelleher [1998] 2 I.R. 417
R v. Warner [1969] 2 AC 256
R v. Wright [1976] 62 Cr.App.R
DPP v. James Hourigan & Keith O’Donovan (Unreported, Court of Criminal Appeal, 19th March, 2004)
R v. Galbraith [1981] 1 WLR 1039
DPP v. M (Unreported, 15th February, 2001)
The People (DPP) v. Gallagher (Unreported, Court of Criminal Appeal, 28th May, 2006)
DPP v. McManus, aka Dunbar (Unreported, Court of Criminal Appeal, 12th April, 2011)
DPP v. Madden [1977] I.R. 336
The People (DPP) v. Noonan [1998] 2 I.R. 439

DPP v. Akinola – Possession of controlled drugs, presumption of knowledge

By Mark Tottenham BL in Budd J, Ireland Court of Criminal Appeal No Comments Tags: ,

DPP v. Akinola [2011] IECCA 33 (31 May 2011)

Court of Criminal Appeal (Budd J, judgment of court) refuses leave to appeal against conviction for possession of drugs with intent to supply. (Full text.)

Appeal against conviction – s 15A, Misuse of Drugs Act 1977 (as amended) – judge’s charge to jury in respect of mens rea of possession of drugs – onus on defence to rebut presumption of knowledge – 29(2)(a) of the Act of 1977.

DPP v. Smyth and anor. [2010] IECCA 34 (Unreported, Court of Criminal Appeal, 18th May, 2010)
D.P.P. v. Cronin [2006] 3 IR 213
D.P.P. v. Sweetman (Unreported, ex tempore, 23rd October, 2000)
D.P.P. v. Noonan [1998] 2 I.R. 439

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