Friday, July 29, 2022

Claire Henry

A man has been jailed for two and a half years for the possession of drugs worth over €20,000.

Dublin Circuit Criminal Court heard that a search warrant was granted to search the property of Declan Fagan (38) of Pearse St, Sallynoggin. Gardaí arrived at the property on September 11th, 2019.

Garda John Hynes told Eoin Lawlor BL, prosecuting, that when they arrived at the home of Fagan, they cautioned him. Fagan told gardaí that there “was weed in the house”.

One large bag and seven small bags of cannabis were seized, along with cocaine, tablets, a scales and grinder. €3,380 in cash was also found in the house.

Fagan was arrested and detained and, when interviewed, made admissions to smoking cannabis from a very young age. He said he smokes between 10 and 15 joints per day.

The court heard the cannabis seized was valued at just over €20,000 and the cocaine had a value of €720. Fagan was charged with possession of drugs for sale or supply.

Garda Neil Doyle told the court that on December 18th, 2020, gardaí obtained a second search warrant and attended the home of Fagan. Gardaí were obstructed from entering the house, but when they did, they found Fagan, who appeared to have just got out of the shower.

Gardaí saw a plastic bag being dropped out of a window of the house. Gardaí seized this bag. Cannabis valued at €2,374 was found along with two phones, weighing scales, plastic bags and cash amounting to €2,500.

Guilty

The court heard that Fagan presented for an arranged interview but declined to provide a pin number for his mobile phone. Fagan later pleaded guilty to two separate counts of possession of drugs for sale or supply.

Michael Bowman, SC, defending, said that his client was cooperative and made admissions to the gardaí relating to the drugs. Gda Hynes agreed with this and said that Fagan had been cooperative.

Mr Bowman outlined that his client is now living with his mother and is the primary carer for his three-year-old daughter. The court was also supplied with two probation services reports which outlined that Fagan should be under the supervision of the probation services post-release.

Judge Martin Nolan said the accused had committed two similar offences, one of which had a much higher value of drugs. He said it seemed that the accused was dealing drugs to allow him to pursue his own drug addictions.

Judge Nolan highlighted the early guilty pleas, the cooperation of the accused with gardaí and the fact that Fagan is the primary carer for his daughter as mitigating factors.

Judge Nolan said that the accused deserved a custodial sentence and he sentenced him to four years in prison with the final 18 months suspended for the September 2019 drug possession.

In addition, he sentenced Fagan to two years in prison for the December 2020 drug possession. Both sentences will run concurrently.

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