Joshua Allen is appealing a two month prison sentence received for possessing €280 of cocaine in Co Cork last year.
Allen (21), of Ballinamona, Shanagary, a son of chef Rachel Allen, was bailed pending the appeal of his conviction over an incident at the Pontoon, Midleton, on July 10th, 2020. He denied the charge.
During a sentencing hearing at Midleton District Court on Thursday, Judge Alex Gabbett said Allen was released from Cork Prison just five weeks before the incident.
He said the seriousness of the matter was compounded by Allen failing to take responsibility for his actions. He said a probation report indicated that Allen was at a “high risk of reoffending”. Allen has six previous drug related convictions arising from a 2019 incident.
Don Ryan, Allen’s solicitor, said his client was making strides in his life. He was training regularly in mixed martial arts, doing farm work and had started a stone carving business.
He said follow-up probation services were not available as usual after Allen’s release from prison because of the pandemic. The service rejected this in court, saying supports were available by telephone.
The conviction could potentially trigger a suspended sentence Allen received over a previous matter. He then received a 15 month sentence with 15 months suspended after pleading guilty in 2019 to possessing more than €22,000 of cannabis for sale and supply.
His case is listed for September 7th at Cork Circuit Criminal Court, which will rule on whether the suspended term should be reactivated.
Judge Gabbett said Allen put himself in a position of being caught with drugs when he was “out on a licence” which not “wise”. He said the Probation Service had indicated Allen had difficulty conforming to rules.
Mr Ryan entered an appeal of the two month sentence and Allen was released on bail on his own bond of €400.