An attempt by the Director of Public Prosecutions to increase six-year sentences imposed on two Englishmen convicted of bringing £5 million of heroin into Ireland for supply - the largest seizure of the drug here - failed in the Court of Criminal Appeal yesterday.
The DPP argued that the imposition of six-year sentences for such an offence - and giving a review date of 2001 to one of the men, Robert Carr Russell - sent entirely the wrong signal to people who might consider acting as drug "mules" (persons with relatively clean records who are used to transport drugs).
Ms Justice McGuinness, sitting with Mr Justice Smyth and Mr Justice Finnegan, noted that the sentences were imposed prior to new legislation increasing the penalties for drug-related offences. The court considered that the trial judges who had dealt with both convicted men - Robert Carr Russell and Gary Blake, both of Oldham, Greater Manchester - had given very careful attention to all factors and had, within the regime at that time, imposed appropriate sentences.
Taking into account the amount of heroin seized, the state of law at the time, and solid references in favour of both the convicted men, the court could not find the sentences were unduly lenient.
However, the court removed the review date in 2001 granted to Russell. Ms Justice McGuinness said it would send out the wrong signal to people who might be tempted to become "mules". Earlier, moving the DPP's application, Mr Fergal Foley said Russell and Blake were involved in the importation, on October 31st, 1998, of 18.5 kg of heroin, the largest quantity in the history of the State. Both had made statements that they had done this before. They had been paid £2,000 per trip and £500 in expenses.
Mr Foley said that, while new legislation provided for a penalty of 10 years for smuggling drugs worth more than £10,000, in this case they were dealing with drugs worth £5 million.
Opposing the application, Mr Barry White SC, for Russell, said the court could only increase the sentence if it found it was a substantial departure from what might be regarded as appropriate.
The trial judge, counsel said, noted that Russell pleaded guilty at the earliest opportunity and was a non-national who would find prison here more difficult.
Mr Martin Giblin SC, for Blake, endorsed the submissions of Mr White. He added that gardai had accepted Blake was just a courier and was shocked when told of the value of the drugs. The trial judge had found Blake was not a professional criminal, but was manipulated by dangerous people.
