Courts / Dublin / Report
Rwandan national jailed for possessing cocaine he received in a FedEx package fails in appeal
Summary
Charles Twesigye, a 38-year-old Rwandan national from Clonsilla, Dublin 15, has lost his appeal against his conviction for drug possession. At Dublin Circuit Criminal Court, Twesigye pleaded not guilty to a section 15 offence of possessing drugs for sale or supply and a section 15a offence of possessing drugs worth more than €13,000 for sale or supply, allegedly committed on August 28, 2012. A jury found him guilty of the section 15 offence but acquitted him of the section 15a offence. He was subsequently sentenced to 10 years' imprisonment, with the final three years suspended, by Judge Patricia Ryan on January 31, 2014. The Court of Appeal heard that Twesigye received a FedEx package addressed to another name in a controlled delivery, which contained cocaine valued at over €142,000. His counsel, Conor Devally SC, argued the verdicts were illogical and inconsistent, and further contended that his detention was unlawful, necessitating the exclusion of certain interviews. The Court of Appeal, comprising Mr Justice John Edwards, Mr Justice George Birmingham, and Mr Justice Alan Mahon, rejected these arguments. Mr Justice Edwards affirmed that requesting a householder to remain seated during a search did not necessarily constitute detention and noted that if any verdict was perverse, it was the acquittal, which benefited the appellant. Consequently, the appeal was dismissed, and the conviction was affirmed.
Who, what, where, when and why
What: Report matter: Rwandan national jailed for possessing cocaine he received in a FedEx package fails in appeal. Charges or matters: a section 15 offence of possessing drugs for sale or supply and a section 15a offence of possessing drugs worth more than €13,000 for sale or supply on August 28 2012. Procedural stage: appeal. Findings: Found guilty
When:
- August 28 2012 Incident
- January 31 2014 Incident
- 2015-05-13 Publication
Case subjects
Appellant
Charges: a section 15 offence of possessing drugs for sale or supply and a section 15a offence of possessing drugs worth more than €13,000 for sale or supply on August 28 2012 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a jury of the section 15 offence but acquitted of the section 15a offence and was subsequently sentenced to 10 years imprisonment with the final three suspended by Judge Patricia Ryan on January 31 2014.
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