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Man found with cannabis in underwear told: 'Ball in your court'

February 7th, 2024 6:45 PM

By Southern Star Team

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A 10-MONTH prison sentence imposed on a Bantry man for possession of cannabis for the purpose of sale or supply was commuted to a suspended sentence at Bantry Circuit Court recently.

James Horgan of 24, Pairc na Carraige, Bantry, was prosecuted at Bantry District Court in February 2022 for an offence that was committed at Scart Road, Bantry, on May 21st 2021.

In the district court, Sgt Trish O’Sullivan said gardaí approached the appellant because he was acting in a suspicious manner.

The sergeant said the garda searched him and found cannabis concealed in his underwear. She said there were also messages on his phone that showed he was supplying cannabis to his friends.

Barrister Peter O’Flynn appealed to Judge Helen Boyle at Bantry Circuit Court for leniency. He asked her to suspend the 10 month sentence on the basis that it was a small amount of cannabis.

The barrister also said his client has done everything the court had asked of him, from signing- on at a garda station, to abiding by a curfew, and submitting himself to random urinalysis.

The circuit court judge said she did not disagree with the decision of the district court judge in imposing a prison sentence.

However, since the penalty was imposed, the appellant has stayed out of trouble, and engaged with addiction services.

Speaking directly to the appellant, the judge issued a warning, saying: ‘You won’t get any other chances, so the ball is in your court.’

The 10 month sentence was suspended after James Horgan entered into a bond to keep the peace for the next two years.

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