The Court of Criminal Appeal today reserved judgment on an appeal byDubliner John Gilligan against his 28-year sentence for drug offences.Judgment may be delivered next week.
Mr Michael O'Higgins SC, for Gilligan, contended the 28-yearsentence was "grossly excessive", disproportionate and imposed "formotives improper in law". He also argued it undermines publicconfidence in the administration of justice.
There is a public perception abroad that Gilligan (52) was jailed foroffences beyond the drug offences on which he was convicted, MrO'Higgins said. While the maximum sentence for murder was lifeimprisonment, Gilligan was effectively serving "two life sentences".
His 28-year sentence contrasted with a 12-year sentence imposed on BrianMeehan for drug offences arising out of a similar set of circumstancesas in Gilligan's case, counsel added. A 20-year sentence imposed onanother man, Patrick 'Dutchy' Holland, also for having cannabis for saleand supply, had been reduced by the appeal court to 12 years.
Mr Peter Charleton SC, for the DPP, opposing the appeal, said thesentence was correct in all the circumstances and reflected no error inprinciple. Gilligan was a criminal drugs wholesaler who supplied adrugs gang operating from Greenmount Industrial Estate. He was not adrug addict and made millions of pounds in profit from his activities.He had expressed no remorse and there were no mitigating factors in hisfavour.
He said there were substantial differences between the cases of Meehan,Holland and Gilligan. Holland had been convicted on one count of havingdrugs for supply and, in Meehan's case, the court transcript appeared torecord Meehan had received a 20-year sentence for having drugs for saleand supply.
The hearing of Gilligan's appeal before the three-judge Court of Criminal Appeal ranthroughout today and, at its conclusion, Mr Justice McCracken,presiding and sitting with Mr Justice Quirke and Mr Justice Peart, saidthe court hoped to give its decision next week if possible. Gilliganattended the appeal hearing, which was surrounded by tight security.
