Update: Appeal lodged - Community Service for man convicted of possessing cannabis and cocaine

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The defendant had previously been given the benefit of the Probation of Offenders Act

An appeal has been lodged against the sentencing of a 31-year-old man to 100 hours of community service for possession of cannabis and cocaine.

The appeal was lodged on behalf of the defendant by solicitor Rory O’Brien at Wednesday’s sitting of Donegal District Court.

Mr O’Brien said: “It was his second conviction. I ask the court to fix recognisance in relation to that matter.”

Judge Patricia Cronin granted leave to appeal on the defendants own cash bond of €200.

This followed the sentencing at Monday’s court sitting.

Craig Harron of The Mullins, Old Laghey Road, Donegal Town had previously admitted possessing the drugs at Main Street, Laghey on June 4, 2021. The matter had been adjourned for preparation of a probation report and to determine suitability for community service.

At Monday’s sitting which was presided over by Judge Sandra Murphy, defence solicitor Frank Murphy of McIntyre O’Brien Solicitors described the probation report as ‘one of the more positive ones.’

He added that his client had been drug and alcohol free since June 2021.

Judge Sandra Murphy asked: “Has he anything to prove that?

The solicitor explained that Harron hadn’t engaged with any services in terms of addressing his drug and alcohol use. 

“He did it of his own violation,” said Mr Murphy.

“He was very frank with the probation service. He said he would have used cannabis regularly from a young age. The cocaine was a once off.”

The court heard that in 2019, Harron had been given the benefit of the Probation of Offenders Act for possession of illegal drugs. 

In regard to the matter before the court on Monday, Mr Murphy said: “This appears to be more of a stumble than a fall.”

Judge Murphy said the probation report found that the defendant was deemed suitable for community service. She imposed a conviction, sentencing Harron to 100 hours of community service in lieu of three months in prison. 

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