A CIRCUIT court judge has varied a district court order that sentenced a West Cork man to jail for eight months on a drugs charge.
At Skibbereen Circuit Court, Judge Helen Boyle suspended an eight-month sentence for two years after Duaine Chambers (33) of 18 Ros Geal, Dunmanway, and 21 Casement Park, Clonakilty, entered into a bond to keep the peace for two years.
The appeal by Duaine Chambers was against the prison sentence imposed at Skibbereen District Court on April 25th 2023 for having MDMA for sale or supply at North Street, Skibbereen on March 14th 2023.
In the district court, Sgt Ian O’Callaghan said a member of the public made a complaint to gardaí after the accused tried to sell him drugs. Gardaí went to North Street where they found the defendant in possession of 72 whole MDMA, and two halved MDMA tablets, which had a total value of €740.
Judge Helen Boyle noted that in addition to the eightmonth sentence, the district court judge was justified in re-activating a three-month sentence that was imposed in respect of a different charge – a charge of cannabis possession on November 3rd 2020.
The three-month sentence for that offence was reactivated because the appellant had breached the conditions.
Emmet Boyle said his client had served the three-month sentence but was appealing against the eightmonth sentence because his client had been receiving treatment for drug use and attending a counsellor.
The barrister, instructed by Flor Murphy solicitor, said Duaine Chambers has previous convictions for possession but this was his first conviction for sale or supply.
In mitigation, he said his client is in a relationship, and has three children, as well as being ‘in loco parentis’ to another child.
Mr Boyle said Duaine Chambers was attending all of his appointments with his counsellor, is working, and ‘seems to be gaining some insight’.
Judge Helen Boyle suspended the sentence and Duaine Chambers gave an undertaking to enter into a bond to keep the peace and be of good behaviour for the next two years.
