Man jailed for 18 months for drug possession

By Claire Henry

A man who had €197,000 worth of drugs in his garden shed has been jailed for 18 months due to the “exceptional background circumstances” of the case.

Dublin Circuit Criminal Court heard that James McGinn (35) of Cois Cairn, Old Connaught Avenue, Bray, Co Wicklow pleaded guilty to possession of drugs for sale or supply on January 22, 2023.

He has four previous convictions, all for minor road traffic matters.

Passing sentence yesterday, Judge Martin Nolan said McGinn had “incurred certain liabilities and was imposed upon to hold these drugs”.

He said McGinn was a “mature man” who knew what he was doing when “he decided upon this course”.

Judge Nolan noted the court was told at an earlier hearing that McGinn’s children died in 2017 and that this was the root of his addiction issues.

He said McGinn had been a “good law-abiding citizen for all his life” except for this incident, adding that it was possible “but for these tragedies in his life” he may not have been before the court. “No one can say,” he said.

Judge Nolan imposed a sentence of four and a half years, and suspended the final three years on strict conditions due to the “exceptional background circumstances”.

At an earlier sentence hearing, Detective Garda Shane Donovan told Laura Cunningham, BL, prosecuting, that gardai received information that drugs were being held at the above address.

A search warrant was issued the house was searched.

Gardai gained entry to a shed in the back garden using a crowbar.

Det Gda Donovan said a bin bag which contained cannabis was found.

Three white blocks were also found.

The drugs were analysed, and cocaine with a value of €193,754 was found, along with cannabis with a value of €3,900.

The court heard McGinn took responsibility for the drugs.

He was arrested and made admissions.

He told gardai that he had an €8,000 drug debt and he was holding the drugs to reduce his debt.

Det Gda Donovan agreed with Patrick Gageby SC, defending, that his client made very prompt admissions and apologies.

Mr Gageby said his client is married and in 2017, both of his children died in a house fire along with another family member.

Counsel said the death of his children was a catalyst for his cocaine addiction. He said his client has been clean for the past 11 months.

Mr Gageby handed in letters to the court, and a family friend who owns his own business told the court that he will set McGinn up with a van and tools when he is released from prison.

He asked the court to take into account his client’s early guilty plea, that he has been an incredibly industrious person all his life and that the death of his children has had a profound effect on his life.