A man who was expected to serve three years in prison on charges of having cocaine and cannabis worth almost €16 million for sale has had his sentence increased to seven years by the Court of Criminal Appeal.
The court agreed with arguments on behalf of the DPP that a five-year sentence (with the last two years suspended) imposed at the trial in December 2004 of Julian Gilloughley (28), Henrietta Street, Dublin, was too lenient.
At that trial before Dublin Circuit Court, Gilloughley pleaded guilty to possession for sale and supply of nearly a tonne of cannabis resin worth €12.42 million and 78 blocks of cocaine worth €3.08 million in April 2003. Det Garda Lorraine Travers told the trial that after receiving confidential information, gardaí followed a lorry to Lusk, Co Dublin.
Det Garda Travers said further investigation revealed 36 bales of cannabis, valued at €12.42 million, in a hidden compartment. Gardaí also uncovered 30.8kg of cocaine worth €3.08 million hidden in a shed at the home of a co-accused.
Fergal Foley for the DPP argued yesterday that when imposing sentence the trial judge placed too high a weight on mitigating factors, including Gilloughley's plea of guilty, that he was under duress, and had co-operated with the gardaí. Mr Foley said this was one of the largest drug seizures in the State.
Senior counsel George Birmingham, for Gilloughley, said it was possible to be a minor player in a serious offence. His client had indicated to the gardaí his willingness to be a prosecution witness. A gun had been put to his head and he acted under duress.
Mrs Justice Catherine McGuinness, presiding, with Mr Justice Daniel Herbert and Mr Justice Frank Clarke, said the trial judge had erred in that he had given insufficient weight to the fact that the statutory minimum sentence for such an offence was 10 years.