A man has received a prison sentence for drug dealing in Waterford.
He pleaded guilty to two counts of possession of drugs (namely crack cocaine and heroin) for the purpose of unlawful sale and/or supply, contrary to Section 15 of the Misuse of Drugs Act 1977, and one count of money laundering, contrary to Section 7 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.
Patrick Gibson (31) of 4 Ashley Court, Clonmel, Co. Tipperary appeared before Judge Eugene O’Kelly for a sentencing hearing at Waterford Circuit Criminal Court last month.
Detective Sergeant Brian O’Callaghan told the court that on 18 October 2022, Gardaí were alerted to a man acting suspiciously in an area of Waterford city. The man, identified as the accused, turned and walked away from Garda members, and after they pursued him, they recovered €518 worth of heroin, crack cocaine to the value of €32 and €325 cash in his possession, Det Sgt O’Callaghan said.
After the accused was arrested, he made admissions to possessing the drugs for the purpose of supplying them to others.
It was noted in court that he has 44 previous convictions, which include offences under the Misuse of Drugs Act, public order and traffic matters.
Defence counsel Alison Williams BL said her client made “full admissions” and was “entirely co-operative” from the start. Ms. Williams noted the accused has a ‘significant’ history of drug addiction.
The barrister highlighted that Probation and psychologist reports were prepared in advance of the hearing. The Probation report detailed his ‘early’ guilty plea and that he has an ‘extensive’ history of offending linked to drug use, and the psychological report noted that he suffers from ‘significant’ mental health concerns.
It was also noted in the Probation report that the accused “accepts responsibility” for his actions and was trying to repay a drug debt of €3,000 at the time.
Ms. Williams told the court that despite the severe addiction problems her client has endured “throughout his life”, he has managed to remain sober at some points. She added that the accused would like to have the opportunity to enter rehabilitation treatment, which would be possible with a partly suspended sentence, Ms. Williams said.
Judge O’Kelly said that although the value of the drugs was not large, the nature of them added to the ‘gravity’ of the offences. However, the judge added that they were in an overall ‘low’ range of gravity.
Judge O’Kelly set a headline sentence of three years for the drug offences, which he reduced to two years and three months due to the accused’s guilty plea, his co-operation, and the fact he is ‘anxious’ to get treatment for his addiction. The judge said he “would take a chance in the hope this is genuine” and suspended the final two years of the sentence for a period of two years, subject to the accused engaging in Probation supervision, and a residential treatment course.
For the money laundering offence, the judge set a headline sentence of eight months, which he reduced to six months, suspended in full for two years.
Judge O’Kelly added that similar conditions of engaging with the Probation service applied to this sentence, and told the accused that he “won’t get this chance again.”
Funded by the Court Reporting Scheme Robyn Power
