East Cork Man gets a 3year sentence for selling cannabis and only gets a 1 year sentence for breaking & entering and assault. Anyone else see a problem here?
This is a case coming out of East Cork involving 2 thieves which shows how backwards our justice system is where a man can get more time for selling cannabis than he gets for breaking into a persons home while armed with a weapon and assaulting the home owners.
The man caught with the Cannabis was seen by Gardaí who were surveilling him unload cannabis from under engine area of a van in Castlemartyr, East Cork. They later raided the property and found €48,800 worth of Cannabis in his bedroom and a shoebox containing €30,500 in cash. There will be an application for forfeiture of the cash to the State. Defence senior counsel Ray Boland said there was no objection to that application. Mr. Boland said: Mr. Kelly “made admissions. He came before the court on a signed plea of guilty. This has been a wake-up call from Mr Kelly. He has addressed his underlying difficulties with drugs.”
He has now been sentenced to three years in jail for selling cannabis but this was not the only crime the man was charged with on the day. While he was on bail for the drugs case he was involved in breaking into a house after midnight on November 29, 2020, with another man, who carried a shovel.
Detective Garda Kieran Crowley said Thomas Kelly (the man caught with the cannabis) kicked in the front door of the house while the man with him, Jason Hayes, came in after him carrying a shovel. The detective said Kelly assaulted a man at the house and Hayes pushed a woman aside, although it was accepted that this pushing was accidental and was more in the nature of brushing her aside.
Alison McCarthy, barrister, represented Kelly in this burglary case. Ms McCarthy reminded the judge that Garda Kieran Crowley had indicated there was a bad reaction by Kelly to a family situation. He accepted there was no excuse for what he did. Ms McCarthy said, “He had taken 20 to 30 Valium pills and a bottle of Captain Morgan’s rum on the night. He was out of his mind on drink and drugs on the night.
“He has paid €1,500 compensation. He is a man who can be valuable to society in the future.”
Judge Boyle commented after hearing the evidence in this latter case that the accused had consumed “a staggering amount of alcohol – beer, Jaggermeister, rum — and tablets”. She then only sentenced Mr Kelly to 1 year for the crime of breaking into someone’s home and assaulting them. This year will be served consecutive to the 3 year sentence bringing the total prison time to 4 years.
Jason Hayes, 29, of Sunnyside House, Bailick Road, Midleton, Co Cork, faced sentencing for his part in the burglary. Defence barrister Paula McCarthy said to Judge Boyle: “You heard that he was there out of loyalty to his friend. While he brushed past the injured party there was no intention of causing any injury. He contacted her on Facebook that night and apologised to her. He made full admissions to gardaí and indicated his remorse.”
Jason Hayes was remanded in custody until June 29 for sentence. His only involvement was in going with Kelly and taking part in the break-in. Hayes admitted that and having the shovel.
My thoughts
People are happy to buy cannabis as long as its high quality and not over priced but no-one wants to have their front door kicked in during the early hours of the morning and certainly not to be assaulted in your home by someone who broke in. Why is it that the judge saw it fit to give the man more time for his involvement in selling cannabis which for the most part is a mutually beneficial exchange. I believe this to be a shinning example as to how broken Ireland’s justice system is and why drug prohibition needs to end. These judges have more of a distaste for illegal drug users than they do for people who would break into your home in the middle of the night with weapons and assault you.
I for one would feel much safer if our prisons were being used for people who are an actual threat to society.
Selling or consuming cannabis does not make you a bad person but Cannabis prohibition does make the likelihood of the person selling you cannabis being a bad person. Like in this scenario Mr Kelly has shown how he could behave should you have a disagreement with him. Is this really who you want your son or daughter to be buying cannabis from should they be buying cannabis?
I know myself that when my kids are of age I would much prefer them to be buying their cannabis from a regulated store rather than some crazed person who would break into their home and assault them should they not have his money on time. Here’s to hoping that stories like this will be a thing of the past in the not too distant future.
