By Fiona Ferguson
A “vulnerable” woman who stored drugs worth over €200,000 along with her partner after running up debts has begun a two year jail term.
Vivian Hanley (40) received a four-year sentence, with the final two years suspended on strict conditions last month.
Dublin Circuit Criminal Court previously heard that Hanley and her partner Jason Whelan (39) both had drug habits which led them into debt and they found themselves the subject of threats.
Whelan and Hanley, of Hampton Wood Point, Finglas, pleaded guilty to possession of drugs for sale or supply at their home on April 20, 2022. Whelan has no previous convictions, while Hanley has 15 convictions for road traffic offences.
Judge Orla Crowe previously granted a defence application on behalf of Hanley to defer the start of her sentence to allow her to make arrangements for the care of a relative, who is in poor health.
On Friday, Hanley presented herself to the court and was placed into custody to begin her sentence.
Last month, Whelan started his sentence of four years, with the final two years suspended.
Imposing sentence last month, Judge Crowe said the defendants were holding a “considerable volume of drugs”.
She said this was a “vital role” in the drugs business, which causes misery to society.
Having considered the mitigation and their personal circumstances, the judge said the court’s view was that the sentence had to include a custodial element, with credit given for their efforts to rehabilitate.
The sentences imposed on Whelan and Hanley include one year of post-release supervision.
An investigating garda previously told Kieran Kelly BL, prosecuting, that gardai carried out a search at the couple’s home and located drugs with a total value of €230,828. This was made up of €137,200 of cannabis, €66,126 worth of Diazepam tablets and €27,502 worth of Etizolam tablets.
They also recovered black weighing scales and three phones. Both parties co-operated with the search. They entered guilty pleas on their trial date.
The garda agreed with both defence counsel that the couple were vulnerable individuals.
The court heard both parties are carers for a relative of Hanley’s who lives with them.
The garda agreed with Garret Baker SC, defending Whelan, that the couple were under an element of “real world” duress and were very frightened. The drugs did not belong to them.
The garda agreed with Dominic McGinn SC, defending Hanley, that while the valuation of the drugs was high, the couple’s position within the drug world was low and they had been “preyed on” by others.
Mr McGinn said Hanley has taken steps to address her drug addiction and has turned a corner in her life. He said she is getting help with her education and getting into the employment market.
He said she is a carer and also has her own health issues. He submitted she was at the lowest end of the scale, had been preyed on and was in fear. He said she had been living in desperate conditions.
Counsel submitted that in the circumstances of the case the court could depart from the mandatory minimum sentence of 10 years. He asked the court to construct a sentence to allow Hanley continue with the trajectory of her life and continue with the care of her relative
Mr Baker said Whelan had become addicted to cocaine during “lockdown” and generated debts as a result. Whelan instructs he is now clean of drugs and swears never to be in this position again.
Counsel said Whelan had a work history but was on anti-anxiety medication after developing PTSD following an attack in his 20s. He said the gardai accepted there had been threats made to the couple.
Probation reports and urinalysis were handed to the court. Both defendants are assessed at moderate risk of reoffending.