A six-month suspended prison sentence was imposed on a defendant who admitted to having heroin in his possession for sale and supply to others.
James McInerney, 5 St Mary’s Crescent, Hebron Road, Kilkenny was convicted of the offences which took place under section 15 of The Misuse of Drugs Act, at Kilkenny District Court.
The court heard that at 7.05pm on November 5, 2020 gardaí in an unmarked patrol car in the Hebron area of Kilkenny City observed the defendant driving a vehicle and it turning left off the Hebron Road onto Bishop Birch Place. Gardaí observed the car pulled in and that the defendant was the sole occupant of the car. A male approached the window and a drugs transaction was observed where a package was handed over and cash given.
Gardaí then followed the vehicle which drove into Bishop Birch Place and the vehicle stopped and the defendant stood outside the vehicle with his hands up.
A search was carried out and €955 in cash was seized. A bag of suspected heroin was subsequently seized with a value of €35.
The court heard that the defendant has 49 previous convictions, including 13 for handling stolen property and convictions for trespass, road traffic offences, assault, animal cruelty and possession of drugs for personal use.
Solicitor Chris Hogan told the court that the money seized was not the proceeds of drugs sales and said that his client was willing to donate the money to a drugs charity.
“At the offence date my client was in active addiction. He was not the person making the money but he was supporting his own habit,” he said adding that the transaction that took place involved €20 worth of heroin.
Mr Hogan also told the court that his client is no longer using heroin and that he has no previous convictions under section 15 of The Misuse of Drugs Act.
Judge Cephas Power remarked that ‘heroin causes havoc in society’ but added that ‘the court is impressed that he is willing to donate the money to a drugs charity’.
Judge Power convicted the defendant and imposed a six-month sentence which he suspended for a period of 12 months.
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