A Supreme Court judge said last night that judges have to take into account all the circumstances in a case before deciding whether to impose the minimum 10-year sentence for the possession of drugs for sale or supply.
Referring to the recent controversy surrounding Section 15A of the Misuse of Drugs Act, Mr Justice Joseph Finnegan said that while the Act suggests a minimum sentence of 10 years be imposed for possession of drugs valued at over €13,000, this was subject to the specific circumstances of a case. "Sentences are imposed in the light of all the circumstances and in accordance with principle," he said.
". . .Unless the sentence of 10 years is unfair, you apply that sentence," he said. "In addition to that you may take into account a plea of guilty or that the person has assisted the gardaí."
He said that in many cases co-operating with gardaí could mean a "sentence of death" for offenders who might face retribution from other criminals. If a defendant pleads guilty, it saves the State time and the victim the trauma of having to go through a lengthier case.
Mr Finnegan also said he hoped "problem-solving courts" could be developed. If properly resourced, this would allow them to look at community service, probation and fines as an alternative to imprisoning people for short periods.
Mr Finnegan was speaking as part of the ecumenical lent series of lectures organised by churches in Rathfarnham.