The Court of Criminal Appeal yesterday upheld arguments by the DPP that an 18-month sentence on a Cork man for drug offences was unduly lenient and increased the sentence to seven years.
Rory Lernihan (31), of Ashmount Court, Mayfield, was sentenced to four years' imprisonment in June last year, with 2½ years suspended, after he admitted having €72,000 worth of cocaine for sale or supply and also having cannabis resin.
When imposing sentence the trial judge said there were exceptional mitigating factors, including Lernihan's early plea of guilty, the extent of his co-operation and the fact he had continued to rehabilitate himself.
The trial had heard that on December 13th, 2004, the Garda drug squad searched Lernihan at Silversprings Lane, Cork, and found a kilo of cocaine. His house was searched and a small amount of cannabis resin was found.
Ms Justice Susan Denham said Lernihan was not a drug addict and was involved in the transaction purely for commercial gain.
Within the scheme of sentencing established by the Oireachtas, this was an offence at the lower end of a range between life imprisonment and 10 years' imprisonment. Lernihan was entitled to some reduction in his sentence for his plea and there was a further reduction for his lack of previous convictions.
She said the appeal court considered the appropriate sentence was seven years' imprisonment.