Longford man receives Probation Act for unlawful possession of cannabis

A defendant who pleaded guilty to possession of two plastic containers containing cannabis herb valued at €5,000 received the benefit of the probation act at Longford Circuit Court.

Daniel Kiernan (35) of Cornadrung, Aughnacliffe faced three counts relating to a Garda raid in September 2019.

The defendant pleaded guilty to unlawful possession of cannabis for sale or supply, with charges of cultivation and simple possession not being pursued by the prosecution. Counsel for the defendant, Misca Hanahoe BL, told Judge Kenneth Connolly that a full probation report was before court.

Ms Hanahoe pointed out the report showed her client is a low risk of reoffending. A urine analysis was submitted for the court's consideration.

The barrister said Kiernan engaged fully with probation services, was honest and forthright in all his interaction with Gardai and probation services. Ms Hanahoe explained her client is in full time employment and has completed a college degree.

“He has done everything he can to rectify this position he found himself in,” counsel told the court. She explained how Kiernan started growing the cannabis for his own use to treat pain. The defendant was in a road traffic accident a number of years prior to the Garda raid.

Prosecution barrister Shane Geraghty BL informed the court that although the initial estimate of the cannabis plants seized was €20,000 it was now accepted by the prosecution that that value was closer to €5,000.

In summing up matters Judge Connolly said the defendant “should have known better”. The judge said an aggravating factor is the scourge drugs has on society.

He noted Kiernan has taken steps to get educated on the effects of drugs on himself and society at large. Judge Connolly said the headline sentence is two years in prison, but noted substantial mitigating factors.

The judge referenced the defendant's guilty plea to sale or supply despite being adamant it was for personal use which the court “accepts to a large extent”. He noted that Kiernan admitted sharing it with friends who called around, which was where the supply charge arose.

Judge Connolly also accepted the defendant is now in full time employment.

Given that Kiernan is in the process of pursuing a personal injury claim arising from the injury mentioned in the course of the hearing the judge reduced the two year sentence to a Section 1 (2) of the Probation Act under the condition Kiernan enter a bond to be of good behaviour, not come to Garda attention and pay €2,500 to a local charity within 28 days of personal injury claim being settled.