A community service order has been handed to a 36-year-old Waterford man who was found with cocaine while on his way to the All Together Now festival in Portlaw.
Keith Dunphy, of O’Grady’s Yard, John Street, Waterford, appeared before Judge Eugene O’Kelly at Waterford Circuit Criminal Court earlier this month for sentencing.
He pleaded guilty to a charge of possession of a controlled drug (namely cocaine) for the purpose of sale and/or supply, contrary to Section 15 of the Misuse of Drugs Act.
The court was told that on 2 August, 2024, Gardaí executed a search warrant at an apartment in Waterford city, where they subsequently discovered a quantity of cocaine valued at €3,894.87, baggies, cash, and paraphernalia such as a spoon and weighing scales. The investigating Garda said the accused was present at the property and admitted possession of the drugs, but denied selling them to anyone.
It was heard that the accused was subsequently arrested by Gardaí, and when cautioned at the scene, he said: “I’m going to All Together Now, so got a bit extra.”
The accused has 12 previous convictions which are all road traffic related matters, the court was told.
Defence counsel Gareth Hayden BL highlighted that a Probation report handed in to the court indicated that his client has a “low-risk of reoffending,” a ‘long’ employment history, and ‘positive’ family relationships.
Mr. Hayden told the court that his client “appears to manage periods of sobriety” before lapsing into ‘binge’ periods of using cocaine, adding that the accused has not used drugs since this incident occurred in 2024.
The barrister additionally stated that as the accused experienced a ‘break’ in his employment in 2024, this ‘played into’ the offending. It was heard that the incident also occurred around the time of the anniversary of the tragic death of the accused’s brother.
While Mr. Hayden said the accused was found with a ‘reasonably significant’ amount of a serious drug, he highlighted that his client has a ‘pro-social’ life. The barrister asked the court to consider imposing a community service order.
Judge O’Kelly noted that the accused appeared to give a ‘different’ account to his Probation Officer by saying that he bought the drugs to sell to friends, adding that the Probation report states that the accused ‘minimised’ the offence of sale and supply by planning to sell to his friends.
The judge said the accused “doesn’t seem to have insight into the harm” done by his actions, which were contributing to “feeding the drug gangs”.
Mr. Hayden argued that his client’s offending ‘differs’ as he was “not selling to strangers or offering it on the open market,” with the barrister acknowledging that it is a ‘serious’ offence and the accused was ‘not minimising it’.
Judge O’Kelly agreed that the offence is a ‘serious’ matter. The judge placed it on the ‘low’ range of gravity and set a headline sentence of two years imprisonment.
The sentence was reduced to 18 months in mitigation, with Judge O’Kelly taking into account the fact the accused had no relevant previous convictions, and was ‘compliant’ with Gardaí.
Judge O’Kelly imposed a 200 hour community service order in lieu of the 18 month sentence, and ordered the accused to complete a crime awareness programme.
Handing down the sentence, the judge told Mr. Hayden that if his client comes back before the court again on a sale and supply charge: “I will remember I gave him this chance, and he will go to prison, he is getting a significant chance.”
A destruction order was granted for the drugs and paraphernalia.
Funded by the Court Reporting Scheme Robyn Power
