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Cocaine and heroin involved in majority of serious drugs cases before courts

An overwhelming majority (93 per cent) of offenders were men.

A NEW REPORT published by the courts service has revealed that cocaine and heroin are involved in seven out of 10 serious drugs cases heard.

The research by the Irish Sentencing Information System (ISIS) showed that cocaine was involved in 45 per cent of cases, while heroin accounted for 25 per cent of incidences.

In serious cases of possession, sale or importation of drugs, just less than a quarter of offenders get the ‘presumed minimum’ of 10 years or more. Almost half get between five and 10 years, while 18 per cent receive between two- and five-year terms.

Three per cent were handed down sentences of less than two years.

Possession of larger amounts and “harder types” of drugs meant longer and harsher sentences. Three cases, connected to the largest cocaine haul in the history of the State, attracted between 27 and 30 years imprisonment.

On 2 July 2007, a smuggling operation saw €440 million worth or 1.5 tonnes of cocaine intercepted by authorities. Three individuals were each sentenced to 30 years, 30 years and 25 years for their roles.

The ISIS analysis looked at 81 separate cases which saw a total of almost 70 per cent of offenders receive sentences of over five years.

Of those offenders, the overwhelming majority (93 per cent) were male.

Cannabis accounted for 21 per cent of cases, while ecstasy or other amphetamines were involved in 6 per cent. MDMA and LSD were the centre of 2 per cent and 1 per cent of cases respectively.

The ISIS report states that the value of haul is determined as one of the most important factors in sentencing by the Court of Criminal Appeal.

In less serious charges – where the value of the drugs is below €13,000 – three quarters of offenders received between two and five years, 5 per cent got over five years, while another five per cent got suspended sentences.

However, value and quantity is not the sole determining factor. The type of drug, the role of the offender and the offender’s condition are also seen an being particularly influential mitigating factors.

The report identifies many mitigating and aggravating factors that apply in sentencing for drug supply offences.

“Exceptional and specific circumstances” are a subset of mitigating factors but set a higher threshold than mitigating factors generally in sentencing law because all “exceptional and specific circumstances” are mitigating factors, but not all mitigating factors constitute “exceptional and specific circumstances”.

The analysis in the report identifies the following “exceptional and specific circumstances” from cases before the Court of Criminal Appeal:

  • the absence of previous convictions;
  • unlikelihood of reoffending;
  • demonstration of remorse;
  • foreign nationality (coming from and family living abroad);
  • role of the offender;
  • duress;
  • health problems;
  • intention to reform;
  • age of the offender, vulnerability of that offender;
  • and prospect of rehabilitation.

A further analysis of sentences in almost 100 drugs cases in the Circuit Court will be published in the coming weeks.

Read: UK pub The Craic House changes name over constant drug jokes

Today: Three men in court over €5.1 million Dublin drugs seizure

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27 Comments
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    Mute Jimbo
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    May 5th 2014, 1:02 PM

    “Cocaine and heroin involved in majority of serious drugs cases before courts”

    Isn’t that kind of like saying “Serious drugs are involved in majority of serious drugs cases before courts”?

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    Mute sinlacasa
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    May 5th 2014, 1:07 PM

    I would have guessed cannabis to be honest

    6
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    Mute Dell
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    May 5th 2014, 1:23 PM

    I agree, it wasn’t going to be paracetamol

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    Mute Philip Cooper
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    May 5th 2014, 1:52 PM

    Pseudoephedrine not involved in serious drug cases then?

    How about Panadol?

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    Mute Jimbo
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    May 5th 2014, 2:24 PM

    Pseudoephedrine hydrochloride can be used as a precursor for crystal meth and speed. Everyone who watched breaking bad knows that!

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    Mute James Comiskey
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    May 5th 2014, 1:10 PM

    Gender quotas are definitely required to make drug dealing a more equal enterprise

    65
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    Mute TOP CAT
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    May 5th 2014, 1:09 PM

    Bring back the rope for serious crime,
    One strike and you are out,
    Chance of re-offending is zero,
    Cost to the taxpayer Zero….
    Nothing else is working…….

    27
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    Mute Phillip Hogan
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    May 5th 2014, 1:18 PM

    It would be great to see an article that shows corresponding prison sentences, but it’s like the media don’t even consider it being an issue.

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    Mute Science of Beer
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    May 5th 2014, 1:18 PM

    How does that solve anything, you are living in the dark ages TC.

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    Mute seamus mcdermott
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    May 5th 2014, 1:50 PM

    I would recommend not clicking on Top Cat’s name, as his twitter contains pornographic images.

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    Mute Ryan Carroll
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    May 5th 2014, 2:03 PM

    we had a referendum on it in 2001 and 60% voted no to capital punishment. Too many innocents get executed its not worth it. We should end the drug war and try something new

    11
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    Mute TOP CAT
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    May 5th 2014, 2:08 PM

    Told your sister to stop sending me her pics.Have her pics deleted now and her account blocked…

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    Mute Jimbo
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    May 5th 2014, 2:20 PM

    “Bring back the rope for serious crime”

    I couldn’t agree more. Prison should be about rehabilitation, not revenge. Lets give them all rope so they can learn how to tie fishing knots. That way they won’t have to be cab drivers when they’re released.

    Nice one TC.

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    Mute Peter Carroll
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    May 5th 2014, 3:43 PM

    I agree completely ….. String up the w&nkers & b@nkers & developers that brought this country to its knees …… Not give them community service

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    Mute Jimbo
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    May 5th 2014, 4:32 PM

    If we do that, who is going to run the banks?

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    Mute Peter Carroll
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    May 5th 2014, 4:48 PM

    I’ve a 9 year old grand daughter that could do a better job than some of them

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    Mute Jimbo
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    May 5th 2014, 4:56 PM

    Surely you’d aim higher than that for her!

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    Mute maguire
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    May 5th 2014, 7:38 PM

    You can’t do that unfortunately but you can put them on an island off the coast of Ireland and just do food drops . If they are able to swim off. Ok other than that let the law of the jungle apply

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    Mute Chris McCormack
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    May 6th 2014, 4:44 PM

    Let’s just jail the poor and uneducated forever so we don’t have to deal with how much we screwed them – punishment is always easier than rehabilitation, and now that the prison industry is largely privatised, we can make loads of money off of jailing people too!

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    Mute Chris McCormack
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    May 6th 2014, 4:45 PM

    *my prison industry privatisation comment refers to the US and UK.

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    Mute Keith Ryan
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    May 5th 2014, 2:27 PM

    We’re gonna win the war on drugs, right?

    14
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    Mute Séamus Mc Allister
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    May 5th 2014, 6:08 PM

    If only there was a way to remove the trade in drugs as a source of income for ruthless criminal gangs.

    Legalise and regulate.

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    Mute sinlacasa
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    May 5th 2014, 1:30 PM

    I wasn’t saying that cannabis is a serious drug but that’s the impression I get when there are 10 times as many cannabis busts

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    Mute Eoin Byrne
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    May 5th 2014, 2:34 PM

    Ten times as many busts, maybe, but not for the same quantity of drugs. Two reasons for that: cannabis is bulky (€13,000 worth of cannabis is a lot bulkier than €13,000 worth of heroin or cocaine and not as easily hidden) and cannabis can be produced here, unlike the other two, so there’s less need to store it in bulk or import it in bulk, and more of the busts are of indigenous “entrepreneurs”. As a result, the highest value busts are for the other drugs.

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    Mute Jonathan Murphy
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    May 6th 2014, 12:05 AM

    We don’t have to look at the drug issue as a problem . All drugs should be legalised , regulated and taxed . This way those who use drugs , especially so called ‘hard’ drugs will always know what they are taking and how much they’re taking , thus reducing the possibility of overdosing or being poisoned ! Legalisation will also stop criminal gangs making millions . Drug money is not only their easiest source of income , but by far their greatest ! Time for the powers that be to open their eyes ! The day is coming , but I’m not going to hold my breath just yet !

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    Mute Aine Nibhern
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    May 6th 2014, 9:10 AM

    Journalist ~ Peter Hitchens~ May 3rd ~ “Wherever someone has taken his own life, or wherever someone is accused of taking someone else’s life, or of an act of dangerous violence, the police, doctors and pathologists involved should be required to discover whether that person has ever been a user of mind-altering drugs, whether legally prescribed, or illegal.

    I believe that if this question is asked, it will become plain that there is a frightening correlation between such drugs and such acts. Then, at last, we can do something”

    http://www.dailymail.co.uk/debate/article-2619616/PETER-HITCHENS-Theyve-killed-marriage-hopes-happy-life.html

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    Mute Chris McCormack
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    May 6th 2014, 11:57 AM

    Peter Hitchens is an extremist who adds nothing to this debate – he has no expertise or qualifications in this area and bases his arguments entirely on what he thinks society should be, which is a horrible, cartoonish fantasy land rooted somewhere in 1950s Britain. His contributions to any serious discourse on the war on drugs has been deeply destructive, just adding to the constant background noise of misinformation and prejudice, making it politically much more difficult to create helpful reform.

    The fact that alcohol is implicated in a huge number of violent acts is apparently irrelevant to his political agenda…

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