hypothetical situation regarding drugs

Z

hypothetical situation: I'm caught with a kilogram of pot (weed, not
resin/hash) whats the sentance going to be roughly? Never been
caught before, am a fine upstanding citizen. Good job, good
appearance, good family, never have had any criminal
involvement, never sold pot, am not known to gardai. Would
they let me off? What if it was 10kg? ... 15kg? Just wondering
about general police attitude to being busted with those
amounts. Would they use force on you or would special branch
come in? Or would it just be the local police. when it goes to
court, would I get a long time in? What are the legalities?
thanks a lot folks

stink_fist

They'll do you with intent to sell if you have a fecking scales or a few baggys! your fecked if you get caught with a key!

Our man in Havana

1kg would be dealer amounts. I would say a custodial sentence would be a possibility.

johnnyskeleton

I think the gardai usually value a kilogram of cannabis at approximately €7000. The range of sentence is from 0-14 years (I think) but for that value the DPP would almost certainly want it tried on Indictment (in the cirucit court).

There, it would depend on a number of circumstances such as your personal circumstances and those surrounding the arrest / interview etc. It also depends on the judge. But for that value, one would almost certainly be looking at a few years imprisonment.

If it was 10kg or 15kg it would be a specific offence under s15A of the Misuse of Drugs Act, which provides for a presumptive minimum sentence of 10 years for drugs worth over €12,500.

Z

johnnyskeleton wrote: »

I think the gardai usually value a kilogram of cannabis at approximately €7000. The range of sentence is from 0-14 years (I think) but for that value the DPP would almost certainly want it tried on Indictment (in the cirucit court).

There, it would depend on a number of circumstances such as your personal circumstances and those surrounding the arrest / interview etc. It also depends on the judge. But for that value, one would almost certainly be looking at a few years imprisonment.

If it was 10kg or 15kg it would be a specific offence under s15A of the Misuse of Drugs Act, which provides for a presumptive minimum sentence of 10 years for drugs worth over €12,500.

No way, I've seen people get 4-5 years for a hundred grands worth of heroin.
That cant be right for just herbal canabis?

Any advice?

Feel free to move to AH mod

Victor

Z wrote: »

No way, I've seen people get 4-5 years for a hundred grands worth of heroin. That cant be right for just herbal canabis?

If you are caught with €10,000+ of any drugs, the presumption is 10 years. there may be mitigating factors like remorse, assisting the Garda and so on. If you don't cooperate you get the 10 years.

Any advice?

Avoid drugs.

Z

Victor wrote: »

If you are caught with *10,000+ of any drugs, the presumption is 10 years. there may be mitigating factors like remorse, assisting the Garda and so on. If you don't cooperate you get the 10 years.Avoid drugs.

Today in the Irish Times, in the article about the War on Drugs, its stated that in 2006, only 3 of the 57 convictions in 2006 were given the mandatory sentance.
I posted here, because I was trying to get a "hands on" feel for it, an on the ground look at what sentancing etc is like.
I'm doing up a peper and just wanted public opinion, not irrelevant facts that can be gotten online easily.

Thanks all the same, but I kindof wanted personal experience, or real-life cases.

johnnyskeleton

Z wrote: »

Today in the Irish Times, in the article about the War on Drugs, its stated that in 2006, only 3 of the 57 convictions in 2006 were given the mandatory sentance.

That's because it's not a mandatory sentence. It's a presumptive minimum sentence. There is a very big difference between a mandatory sentence and a presumptive minimum sentence. That the papers keep making this mistake time and time again must surely raise a doubt about the veracity of their statistics. I would have thought, for instance, that there would be at least twice that amount of s15A convictions per year.

Z wrote:

I posted here, because I was trying to get a "hands on" feel for it, an on the ground look at what sentancing etc is like.

Then why not go and sit in your local circuit courthouse. Odds are that there will be a sentence or two for possession of large quantities of drugs.

Z wrote:

I'm doing up a peper and just wanted public opinion, not irrelevant facts that can be gotten online easily.

Public opinion is guided more by politicians and newspapers than by the actual decisions in cases, so don't go by it. What are the irrelevant facts that can be gotten online easily?

Victor

http://www.rte.ie/news/2007/1219/drugs.html

slipss

The gardai value herbal cannabis at 10 euro a gram, so a kilo would be valued at E10,000. This would require a mandatory custodial sentence of 10 years, at the judges discretion. The judge would take into his/her consideration, previous convictions, the plea you entered and how early in the course of the investigation/trial you entered the plea, how thoroughly you co-operated with the gardai, and your likelyhood to re-offend. In reality the madatory sentence is rarely handed down for cannabis, I haven't heard of a single case where it has been in fact.

Given your hypotethical example, judging on my experience of similar cases, it is unlikey that a custodial sentence will be handed down, most probably the case sentencing would be put on hold for you to attend the probation service and a report to be issued to the court before the judge would make a decision. Your barrister would advise you to give weekly urinalysis, and if all come up clean, the probation report is a positive one and you appear to be massively remorsefull and chastised in court, it would be exeptional for a custodial sentence to be issued. Most likely community service (which it would be a good idea for your barristor to tell the court you asked for as a way of making ammends to your community for your mistake) would be handed down, most likely the maximum 240 hours, to be completed in no longer than one year, given in lew of something around a 3 year prison sentence. Or possibly a straight suspended sentence of something in the region of 3 years, but most judges will grant community service if a genuine request for it is made and the gardai don't paint you as a threat to the community in general. This of course is not advice and shouldn't be taken as such its just my experience of similar cases.