Judges must take note of the Oireachtas's introduction of higher sentences for drug offences and not allow the determination of the Oireachtas be gainsaid, a senior judge said yesterday.
Mr Justice Hardiman made the remark as the Court of Criminal Appeal increased a 2½-year jail sentence imposed on a drug courier to four years.
Edward Heffernan (26), of Greenfort Gardens, Clondalkin, Dublin, had pleaded guilty to having 1,821 ecstasy tablets, worth some £18,000, for sale or supply in Kildare on August 22nd last year. He was jailed for 2½ years. The DPP challenged the sentence as "unduly lenient".
Before the appeal court yesterday, Mr John Aylmer, for the DPP, said Heffernan had made a statement admitting involvement in the offence, had said he was under certain duress in that a gun was pointed at him and he also had a drug debt. However, the trial judge appeared to have taken all the mitigating factors into account twice over.
Agreeing, Mr Justice Hardiman, sitting with Ms Justice Caroll and Mr Justice Peart, said the court was satisfied the DPP had identified an error in principle in the sentence. He said it was to be realised the effect of new legislation dealing with drug offences was to trample on judicial discretion. The Oireachtas had indicated clear reasons for the legislation.
Even if such sentences might be regarded as harsh in certain circumstances, the court must attend to the determination of Oireachtas.
