A DISTRICT court judge said that a man involved in the sale or supply of cannabis in the Belgooly area must have ‘been living under a stone’ for not knowing the consequences if caught by gardaí.
Judge James McNulty made the comment at Bandon District Court while dealing with the case of David Moynihan (27) of Avalon, Killeagh, Belgooly who had previously pleaded guilty to two counts of sale or supply of cannabis and two counts of simple possession of cannabis in Belgooly on September 25th 2022.
The judge had directed the preparation of a probation report before making a decision of penalty.
Judge described the probation report as ‘tough reading.’
‘He has good parents and his doctor said that he is a very decent person who became an habitual drug user for possibly 10 years before he was caught dealing,’ said Judge McNulty.
Defence solicitor Plunkett Taaffe said his client has ceased all activity with drugs since then and has not come to the attention of gardaí either.
‘He remains in the family home and his parents are supporting him, who can confirm that he is completely different now. He is in full-time employment which is more suited to him.
He is no longer using drugs and has his own difficulties and is addressing them and managing better,’ said Mr Taaffe, who added his client was trying to avoid a conviction for selling drugs.
However, Judge McNulty said the Mr Moynihan knew what he was doing and must ‘have been living under a stone’ not knowing the consequences if he was caught selling drugs.
Mr Taaffe said his client was ‘groomed’ but the judge said he knew what he was doing.
‘If he thinks that he’s naïve. He wasn’t 16 or 17, he was 26 at the time of the offences,’ said Judge McNulty.
‘I’m sure it was a journey of discovery for his parents but it’s his social irresponsibility that we are dealing with.’
He sentenced him to four months in prison on one of the sale or supply charges, but suspended it in full for two years provided he agreed to certain conditions. These include that he must provide a saliva sample on request to either the gardaí or the probation service during the next two years.
The judge directed a conditional discharge for two years be applied on the second sale or supply charge, with one year of probation services supervision. This will also include random urinalysis as they see fit and he took into consideration the two possession charges.
Recognisances for an appeal were fixed in the defendant’s own bond of €100 with no cash required.
