‘Vulnerable’ father avoids jail term for holding drugs
Gary Ibbotson 27 Jan 2021By Brion Hoban
A “vulnerable” father-of-four who was caught holding over €32,000 of cannabis in order to pay down a drug debt has received a fully suspended sentence.
Mark Caulfield (45) told gardaí where to find the drugs when they arrived to search his home and said he wished he had not gotten involved, but he felt he had “no choice”.
Caulfield of Cappagh Road, Finglas, pleaded guilty at Dublin Circuit Criminal Court to possession of cannabis and cannabis resin for sale or supply at his home on September 13, 2019.
His 13 previous convictions include convictions for possession of drugs for sale or supply and possession of firearms. His last conviction was recorded in 2010.
Garda Robert Divilly told Fiona McGowan BL, prosecuting, that on the date in question, gardaí obtained a search warrant for Caulfield’s home. Caulfield was not present when gardaí arrived, but arrived back to the house during the search.
Gda Divilly said Caulfield told them he knew why gardaí were there and that there was cannabis in the kitchen. Gardaí found 41 bars of cannabis resin in the kitchen and further cannabis in the shed.
The total value of all the cannabis found was €32,969.
In interview with gardaí, Caulfield said he had a drug debt in the region of €2,600 and was holding the drugs for others in order to get some money off this debt. He said he wished he had not gotten involved, but he felt he had “no choice”.
Gda Divilly agreed with Kerida Naidoo SC, defending, that his client was not somebody who gardaí considered as being “a danger”.
He agreed his client was “forced” to hold the drugs and was to some extent someone who was “vulnerable” and taken advantage of.
The garda agreed with counsel that his client has four children from a previous relationship.
He agreed that Caulfield has been taking care of the children since their mother died by suicide.
Mr Naidoo said the amount of drugs involved in his client’s previous drugs offences was “very small” and that he is now free of drugs and “clean”.
Counsel said his client has not come before the courts in a decade and that a stay in prison would be more difficult for him due to a health condition.
Judge Martin Nolan said he agreed that Caulfield was taken advantage of and “was on the lowest rung of the ladder”. He said he had to consider his criminal record, but said the record was “quite old”.
Judge Nolan sentenced Caulfield to four years imprisonment, but suspended the entirety of the sentence on condition he keep the peace and be of good behaviour for four years.