Cork drug dealer has prison term reduced
A Cork man who was jailed for 10 years for drug dealing has had the last 18 months of his sentence suspended by the Court of Criminal Appeal.
Thomas Dennehy (aged 28) was sentenced to 10 years at Cork Circuit Criminal Court in July last year, having pleaded guilty to possession of cocaine worth over €136,000 at Kingscourt, Old Youghal Road on August 11, 2007.
Dennehy, who has a previous conviction for handling stolen alcohol valued at nearly €50,000, was caught “red-handed” by gardaí carrying 1.9kg of cocaine in his Ford Mondeo car.
The CCA found that the sentencing judge had erred in affirming there were no specific and exceptional circumstances by which the mandatory minimum sentence of 10 years imprisonment could be reduced.
The three judge court, with Mr Justice Donal O’Donnell presiding, sitting with Mr Justice Brian McGovern and Mr Justice Eamon deValera, ruled that there were a number of specific factors in Dennehy’s favour which Judge Con Murphy should have considered before imposing the mandatory 10-year term.
Counsel for the applicant, Ms Mary Rose Gearty SC, had told the court that Dennehy’s early plea of guilty, his expression of remorse, his stated addiction to drugs and evidence that he assisted in counselling other drug-addicted prison inmates should have counted toward the imposition of a lighter sentence.
Mr Dermot Sheehan BL, for the State, said that although there were specific and exceptional circumstances by which the minimum sentence could have been reduced, these were not sufficient enough to make the imposition of a 10-year sentence unjust.
The CCA acceded to the application against the severity of the sentence and ordered that the last 18 months of Dennehy’s sentence be suspended for three years, provided he enters a good behaviour bond for the duration of the suspended portion of his sentence.
