Suspended sentence for vulnerable man storing drugs
Dublin People 08 Nov 2024By Fiona Ferguson
A Dublin man caught with over €30,000 of sleeping tablets has been given a suspended sentence.
Robert Hanratty (48), described as a “vulnerable” person, was holding the drugs in the hope it would give protection from anti-social behaviour around his home, Dublin Circuit Criminal Court heard.
Hanratty, of Whiteacre Place, Ballymun, pleaded guilty to possession of zopiclone tablets at his home and a location in Ballymun for sale or supply on January 6, 2023.
He has four minor previous convictions, none of which involve drugs.
Judge Orla Crowe noted there is minimum presumptive sentence of 10 years for this offence but said due to the exceptional and specific circumstances of this case, including his co-operation in relation to his own role and his lack of previous convictions, she could depart from that term.
She noted he has a drink problem, is “vulnerable” and had been put under pressure due to the vandalism on his home “by local yobs.”
Judge Crowe set a headline sentence of three years, and in light of his personal and mitigating circumstances, imposed a sentence of two years and four months which she suspended in full.
She said if there were any further issues the matter would be re-entered and noted a suspended sentence hangs over a person as “a real penalty.”
Garda Peter Elliot told Marc Thompson Grolimund BL, prosecuting, that gardai on patrol spotted Hanratty acting suspiciously and found three boxes of zopiclone tablets on his person.
Hanratty co-operated with a search of his home and a further quantity of 112 boxes were recovered, giving a total of 15,680 tablets. The total tablets recovered were valued at €32,200.
Gardai believed Hanratty had no propriety interest in the tablets and he was holding them for a third party.
Gda Elliot said zopiclone is a type of prescription sleeping tablet used by drug addicts coming down from a high.
The court heard Hanratty does not use drugs but has difficulty with alcohol.
Defence counsel, Padraig Dwyer SC, said Hanratty said his accommodation had been targeted by “juvenile delinquents” and said he had been told that the attacks would stop if he held the drugs.
He said he committed the offence in circumstances where he was being threatened by local youths and thought this was a way to make life easier for himself.
He also got a small payment.
He said his client was a bit of a “hapless character” and described the garda perception of him as “not a bad man, perhaps a sad man.”
He handed in an extensive psychological report and outlined his client had been drinking five nights a week, as well as suffering mental health issues and low mood as a result of the campaign against him.
He has been engaging with a counsellor and intends to seek further assistance.
Counsel said it was an unusual scenario, a person committing a first serious offence at such an age.
He submitted Hanratty was slightly behind in relation to intellectual functioning.
Mr Dwyer said there had been no trouble since and Hanratty had never been in prison before.
He said his client was a good person who was easily led astray and handed in a number of references.