Solicitor in Cocaine case let go free

Hillmanhunter1

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Am I missing something here?

A man is caught with drugs in his possession, while entering a jail.

He was charged and brought to court. He denied the charges and claimed that another (apparently unknown) person planted the drugs on him.

The court appears to have accepted this explanation while, in passing, noting his "noble profession".

The judge apparently said that he was being treated the same as any other defendant.

Hmmm.

https://www.irishtimes.com/news/crime-and-law/courts/district-court/solicitor-caught-with-cocaine-at-mountjoy-to-avoid-conviction-1.3382222

https://www.independent.ie/irish-news/courts/solicitor-who-had-cocaine-in-his-wallet-on-mountjoy-prison-visit-is-to-be-spared-criminal-conviction-36573759.html
 


Half Nelson

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Yes.
Several things are missing. Is there a prize?

Edit: Ninja edit. No fair!;)
 

eoghanacht

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Comes from a good family.
 

Ardillaun

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I can't imagine your average, ignoble gurrier getting the same consideration.
 

EUrJokingMeRight

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Am I missing something here?

A man is caught with drugs in his possession, while entering a jail.

He was charged and brought to court. He denied the charges and claimed that another (apparently unknown) person planted the drugs on him.

The court appears to have accepted this explanation while, in passing, noting his "noble profession".

The judge apparently said that he was being treated the same as any other defendant.

Hmmm.

https://www.irishtimes.com/news/crime-and-law/courts/district-court/solicitor-caught-with-cocaine-at-mountjoy-to-avoid-conviction-1.3382222

https://www.independent.ie/irish-news/courts/solicitor-who-had-cocaine-in-his-wallet-on-mountjoy-prison-visit-is-to-be-spared-criminal-conviction-36573759.html
Well it is enshrined in the constitution that everyone is treated equally before the law. That means that if charged you go before a judge and if found guilty he/she will take into account your job when sentencing. Lesser job, bigger sentence. Equal opportunity, different outcome.

It's right in there but the language is more flowery.
 

GDPR

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It is to do with the credibility of the defence. The general rule is that the defendant must have a "guilty mind" in order to be convicted.

If someone is carrying controlled drugs without knowing it, they should, if believed, be found not guilty of possession.

The problem is in practice you know who gets believed and who doesn't. I would decriminalise the possession of small amounts of drugs, as in this case. Fecking waste of the courts time.

By the way, only 4 percent of convicted dealers in Ireland get sentences over five years.
 

Analyzer

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Played sports with the right set when he was a young man ?

[ lifelong "get out of jail" card ]
 

damus

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So he didn't open his wallet between the party & the professional visit.
 

between the bridges

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A story not to be sniffed at...
 

Dearghoul

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It is to do with the credibility of the defence. The general rule is that the defendant must have a "guilty mind" in order to be convicted.

If someone is carrying controlled drugs without knowing it, they should, if believed, be found not guilty of possession.

The problem is in practice you know who gets believed and who doesn't. I would decriminalise the possession of small amounts of drugs, as in this case. Fecking waste of the courts time.

By the way, only 4 percent of convicted dealers in Ireland get sentences over five years.
Posession and trafficking to a client in cutody are different matters though?

Besides, isn't posession a crime of strict liability?
 

GDPR

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Posession and trafficking to a client in cutody are different matters though?

Besides, isn't posession a crime of strict liability?
Not if his defence has been accepted, then it isnt a strict liability offence.

They would need to prove intent to supply. That is a whole other ball-game.
 

Dearghoul

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GDPR

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Leaving aside trafficking into a prison...

Posession is, was and remains a strict liability offence in the US.

Para 2 down at the end of it.

https://www.law.cornell.edu/wex/strict_liability

Don't know if other rules apply in the Republic.
I think Americas drug laws have put far too many people in prison for reasons that have nothing to do with discouraging addiction.

And they are now in the midst of an opioid crisis. Prescription pain-killers.
 

LookWhoItIs

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I think Americas drug laws have put far too many people in prison for reasons that have nothing to do with discouraging addiction.

And they are now in the midst of an opioid crisis. Prescription pain-killers.
War on drugs nothing but a money spinner and a source of unpaid labor and disenfranchised voters, the opioid over prescription crisis has now reached the point where addicts find it cheaper to do heroin
 

Congalltee

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What sentence would District Justice Pie pass for simple possession of 0.33g cocaine having a value of all of €26? Or would the probation act be applied?
 
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Dearghoul

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What sentence would District Justice Pie pass for simple possession of 0.33g cocaine having a value of all of €26? Or would the probsbtion act be applied?
I'd be somewhat in favour of forgetting the whole thing. Drug prohibition, that is, but not because the possessor of some class A pharmaceuticals happens to be a member of what a member of the bench considers a noble profession.

You?
 


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