A repeat offender who was tens of thousands of euro in debt and being “leaned on” by a relative after becoming involved in a €2.2 million “drugs distribution centre” has argued his 8½ sentence is “excessive” at the Court of Appeal.
Gavin Minto (29), of Whitestown Drive, Blanchardstown, Dublin 15, pleaded guilty to possession of three controlled drugs for sale or supply at Kingswood Cross, Clondalkin on July 16th, 2020.
The court heard gardaí had obtained a warrant to search a residential property and that, during the search, they found 151,110 MDMA tablets, 33.6kg of cannabis and 668.6 grams of Eutylone. Other items, including a tablet press, weighing scales and a powder, were also discovered. In total, the drugs found had a combined value of €2.21 million.
The homeowner told gardaí the garage was rented to another individual, not Minto.
Imposing a jail term of 8½ years at Dublin Circuit Criminal Court, Judge Martin Nolan noted the large quantity of drugs found. He said the garage searched by gardaí appeared to be a drugs distribution centre and that Minto had been involved in this enterprise.
On Tuesday, Michael O’Higgins SC, representing Minto, said the nomination of 8½ years as a final sentence to be imposed was “excessive” in all circumstances.
He suggested the sentencing judge ought to have looked at suspending a portion of the sentence, highlighting the fact that his client was someone who was “leaned on” by a relative, was homeless and €35,000 in debt at the time. He also had a difficult background, having grown up with a very violent father, it was said.
He said Minto was dyslexic, had a very poor academic record and the prosecuting garda had agreed he was at the “lowest” rung of the ladder.
Mr O’Higgins said Minto’s co-accused in the case had received a sentence of six years with three suspended. Counsel said he was not relying on this for comparison but rather to highlight the fact that jurisprudence is not “one size fits all”.
Counsel questioned the severity of the sentence imposed in circumstances where the appellant was a homeless person with cognitive difficulties who had “no skin in the game” in terms of finances.
Following questions from the three-judge panel, Mr O’Higgins confirmed that ultimately his case was that the 8½-year sentence imposed did not give a sufficient discount when all factors were taken into consideration.
He said Minto was currently an enhanced prisoner and had taken steps to address his addiction issues.
David Perry, for the State, said the sentencing judge had been clearly aware of the steps that had been taken in terms of rehabilitation and, while he hadn’t engaged in the possibility of suspending a portion of the sentence, it was dealt with by way of the overall reduction given.
He said a case had not been made by the defence counsel during the sentencing hearing for the suspension of a portion of the jail term.
Mr Perry said when all the factors, both aggravating and mitigating were balanced, the sentence imposed was within the range of options available to the judge in this case.
He said that while Minto was entitled to a discount for his early plea and for his personal circumstances, beyond that there was “very little” mitigation available, noting the appellant had nine previous convictions, three of which were for drug offences.
Imposing sentence in March 2023, Judge Nolan noted Minto had a difficult start in life and took into consideration the defendant’s guilty plea, his co-operation and admissions as mitigation.
Gardaí accepted that the person who owned the drugs was a relative of Minto’s and is now deceased.
- Sign up for push alerts and have the best news, analysis and comment delivered directly to your phone
- Join The Irish Times on WhatsApp and stay up to date
- Listen to our Inside Politics podcast for the best political chat and analysis