Man caught with cannabis while on suspended sentence for €140k worth of drugs
A man who was caught with cannabis while on a suspended sentence for having €140,000 worth of drugs has been jailed for three years.
Anthony Daly (32) of Shantalla Road, Santry, Dublin had received a ten year sentence with six years suspended for having the drugs at an apartment in Clontarf in October 2004. He was released in May 2009 when he was bound to the peace for a further six years.
Detective Garda Daragh O'Toole told Lorcan Staines BL, prosecuting that Daly was stopped on December 6, 2011 on the Malahide Road in Swords while driving a BMW.
Gardaí were suspicious of him and later searched his home on Shantalla Road where just over 500 grammes of cannabis resin, worth €3,000, was found.
Daly pleaded guilty at Dublin Circuit Criminal Court to possession of the cannabis resin for sale or supply at his then Santry home on December 6, 2011. His 31 previous convictions, apart from the 2004 drug offence, were all road traffic offences.
Mr Staines told Judge Martin Nolan that the State was applying for the six year suspended term to be re-activated because Daly had been caught with the cannabis and pleaded guilty to the offence while he was bound to the peace.
Luigi Rea BL, defending said Daly built up a €10,000 gambling debt which led to him agreeing to take the cannabis in 2011 so €1,000 could be knocked off that.
Counsel said his client has since got himself barred from three gambling establishments to assist him in controlling his addiction.
He has since become a foster father and Det Gda O'Toole agreed that he has not committed further offences.
Garnet Orange SC (with Mr Rea) defending, submitted that having regard to the fact that Daly has since kept himself out of trouble for almost four years and was living as “an ordinary decent member of society”, the court could give him “another chance”.
He suggested that it would be “harsh” to re-activate the six year suspended term.
Judge Nolan said Daly had been given a “considerable chance” which he had “unfortunately” abused.
He accepted he was a good family man, a good foster father and had a good work history but added that he could not “in good conscience” ignore the fact that he committed this offence while on a suspended term.
Judge Nolan made “no order” in relation to re-activating the suspended term but imposed a three year jail term for the 2011 offence.
“He must suffer a term of imprisonment by reason of breach of the bond and commission of the new offence,” Judge Nolan said.
By Sonya McLean