Courts / Dublin / Report

Increased sentence for "exceptionally good person" jailed over drugs and firearms offences

Date
2015-06-08
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

Mark Kavanagh, 39, pleaded guilty in Dublin Circuit Criminal Court to possession of €135,000 worth of cocaine, €18,000 worth of cannabis, and a firearm. The original sentence of three‑and‑a‑half years was deemed unduly lenient by the Director of Public Prosecutions, and the Court of Appeal increased it to five years. One year of each count was suspended, to run concurrently for three years after release. The appeal highlighted that Kavanagh had been "minding" the drugs for a few weeks in return for relief on a €700 debt, and that he had claimed a threat against his family, later denying it. The court noted mitigating factors such as no prior convictions, a guilty plea, and remorse, but insisted the firearm offence required a separate, stricter sentence. The final effective custodial term is five years with a one‑year suspension for each count.

Who, what, where, when and why

What: Report matter: Increased sentence for "exceptionally good person" jailed over drugs and firearms offences. Charges or matters: possession of cocaine worth €135k and cannabis worth €18k at his home on April 2 2013. Procedural stage: appeal

When:

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 to 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. The Director of Public Prosecutions successfully appealed his sentence on grounds that it was "unduly lenient" and the Court of Appeal imposed a new sentence on him of five years imprisonment with the final year suspended on each count to run concurrently.

Places mentioned

Court Venue
  • Dublin
  • Dublin Circuit Criminal Court
  • Court of Appeal

Topics

Drugs Firearms Stage Appeal

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