Sunday 24 September 2017

Man loses appeal over severity of drugs sentence

Tim Healy

A MAN has lost an appeal against the severity of an eight year sentence he received for his part in the transportation of nearly €600,000 worth of cocaine from England to Ireland concealed inside duvets.

David Timmons (29) Chapel Gate, Balbriggan, Dublin, claimed the sentence he received in January 2009 for conspiracy to possess the drug for supply was excessive compared to the sentences of his accomplices.

 

His trial heard 8.35 kg of cocaine in nine blocks was found inside the duvets on a truck which had come from Manchester and was stopped by gardai at Station Road, Lusk,  Dublin, on September 14, 2006.

 

Timmons had been watched by gardai as he drove and picked up two men who were later involved in the exchange of the drugs and of €85,000 in cash with the driver of the truck and another man.

 

Gardai arrested all four in the car park of a furniture store in Lusk and arrested Timmons when he returned to the scene 20 minutes later.

 

The two men who Timmons had driven later received sentences of five and four years each after they pleaded guilty

 

Timmons pleaded not guilty and following his conviction was jailed for

eight years.   He brought an appeal against the conviction to the

Court of Criminal Appeal (CCA) but that was rejected.

 

He also appealed against severity of his sentence saying he had been treated disproportionately compared to his co-accused.

 

The three-judge CCA, with Mr Justice John MacMenamin presiding, rejected this appeal saying they had been no error in principle by the trial judge in imposing the eight years.

 

Although Timmons' lawyers had argued that his participation in the crime indicated he was low down in the scale of things, the evidence in fact tended to show that he played a much more pivotal and central role in the matter, the CCA said.

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