Courts / Dublin / Report

"Exceptionally good person" facing increased prison sentence for drugs and firearm possession

Date
2015-05-15
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

Mark Kavanagh, 39, of Balgaddy, Clondalkin, pleaded guilty in the Dublin Circuit Criminal Court to possession of €135,000 worth of cocaine and €18,000 worth of cannabis, and admitted possession of a revolver. He was sentenced to three-and-a-half years' imprisonment on 15 October 2014. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and that the judge had over‑valued mitigating factors and under‑valued aggravating ones, such as a notebook with coded drug‑movement entries that could indicate a higher‑level role. The appeal was successful; Judge Michael Peart, sitting with Justices Garrett Sheehan and Alan Mahon, found the original sentence did not reflect the seriousness of the offence and ordered a new sentence to be imposed next month. The case remains at the sentencing stage, with no further outcome reported.

Who, what, where, when and why

What: Report matter: "Exceptionally good person" facing increased prison sentence for drugs and firearm possession. Charges or matters: possession of cocaine worth €135k and cannabis worth €18k at his home on April 2 2013. Procedural stage: appeal

When:

Why: It could be described as a tactical decision to not raise the concern at the time, Mr McGinn said and there was no real reason for the Director not to have raised it at the time. CNI source report

Case subjects

Mark Kavanagh

Appellant

Charges: possession of cocaine worth €135k and cannabis worth €18k at his home on April 2 2013 (Admitted)

Plea: Guilty

Outcome: He also admitted possession of a firearm, an offence which was taken into account by the sentencing judge Judge Martin Nolan when he sentenced Kavanagh to three-and-a-half years imprisonment on October 15 2014. Mr Justice Peart, who sat with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, said the court would impose a new sentence on Kavanagh next month.

Places mentioned

Court Venue
  • Dublin
  • Dublin Circuit Criminal Court

Topics

Drugs Firearms Stage Appeal

Related court reports

Read the original CNI report

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