Judge reluctantly suspends jail sentence for Mayo man with 'criminal lifestyle'

A DISTRICT Court judge has issued a stern warning to a defendant who appeared at Castlebar District Court on drug-related charges, including with intent to supply or sell.

Judge Sandra Murphy told the defendant that it was with ‘great reluctance’ she was agreeing to a request by the defence to suspend a jail sentence she had intended to impose.

However, the judge warned the defendant if he did not avail of this opportunity and engage fully in the rehabilitation programme available at Cuan Mhuire treatment centre in Athy he would be going to prison.

The defendant - Daniel Christie (28), 33 Bunree Road, Ballina - pleaded guilty to being possession of drugs under Section 3 of the Misuse of Drugs Act, while he also entered a guilty plea in relation to a second and more serious charge under Section 15 of the Misuse of Drugs Act of having drugs valued at over €2,000 in his possession with intent to sell or supply.

The judge noted this was a third drug-related conviction for the defendant, one of which was as recent as 2022 for the possession of cannabis for which he was fined €750 and a similar offence in 2021 for which he was fined €300.

The judge also noted a more serious conviction in 2017 when a suspended prison sentence was imposed on a charge of assault including threatening to cause harm or to kill.

Judge Murphy said it was clear the defendant had been involved in a life of crime due to his addiction issues with alcohol and drugs but had made very little effort to seek help through rehabilitation, a report from the court probation service outlining his failure to turn up for three appointments.

Although the court was told the defendant had been given the opportunity when his case had been adjourned to apply to Cuan Mhuire to be put on the list to engage in their rehabilitation programme, it emerged from enquiries at Castlebar District Court that he was not on such a list as he had not applied.

Following a phone conversation between the defendant’s solicitor and Cluan Mhuire and the support of the probation service, Judge Murphy was told that the defendant was now on the list but it would take some time before a bed would become available.

Outlining the facts in the case, Garda Sergeant Conor McShane told the court that the garda drugs unit carried out a search in the defendant’s home on October 22, 2024.

In an outside shed cannabis valued at €2,206 was discovered, while also found was a weighing scale and ‘deal’ bags.

The defendant was not present at the time of the search but returned while the gardaí were still searching the premises.

Mr. Denis Molloy, solicitor for the defendant, said his client was taking full responsibility for the drugs found on the day in question.

He said his client was a single man and the father of a five-year-old child and was anxious to tackle the problems he was having with the abuse of drugs and alcohol.

“This is the first opportunity he has to engage in a rehabilitation programme, having been entrenched in drugs and alcohol, and this is a five-month programme which will hopefully have the desired effect,” said Mr. Molloy.

However, Judge Murphy said the most recent probation report had indicated that the defendant had failed to turn up on three occasions for appointments with the probation services.

Judge Murphy said it was clear the defendant was now only agreeing to engage with the rehabilitation because his hand was being forced.

She said the defendant had been living a criminal lifestyle and had not made any serious attempt to get out of it.

“It is with great reluctance that I will agree to give this man one last chance and agree to impose a suspended sentence,” said Judge Murphy.

However, she warned the defendant if he did not avail of this opportunity to engage with Cuan Mhuire and engage with after-care service that is part of the programme, he would be going to prison.

Judge Murphy imposed a four-month term of imprisonment on the Section 15 charge of having drugs for supply or for sale, which she suspended for 12 months, while on the Section 3 possession of drugs charge she imposed a one-month term of imprisonment which she suspended for 12 months.

* Published under the Courts Reporting Scheme.