In an appeal court appearance, Gavin Minto (29), a multiple offender from Whitestown Drive, Blanchardstown, Dublin 15, contested his 8½ year imprisonment term as being unduly harsh. Minto, carrying a hefty debt of several tens of thousands of euros, pleaded guilty to possessing three categories of illicit substances for either sale or distribution on 16th July 2020 at Kingswood Cross, Clondalkin.
The law enforcement officers had applied for a search warrant for a residential place, during which they discovered a considerable stash of drugs which included 151,110 doses of MDMA, 33.6 kilos of cannabis and 668.6 grams of Eutylone. They also discovered other related items like a tablet press, weighing scales and a mysterious powder, the total value of which amounted to approximately €2.21 million.
Judge Martin Nolan of Dublin Circuit Criminal Court handed down the 8½ year prison sentence considering the vast amount of narcotics discovered, which pointed towards the house being a distribution hub for drugs, with Minto playing an active part in the operation.
On Tuesday, Minto’s lawyer, Mr. Michael O`Higgins SC, contested the duration of the sentence, terming it overly excessive under the circumstances. He pointed out that Minto was under family pressure, facing homelessness and was dealing with a debt of €35,000. His troubled past, including growing up with an abusive father, and the fact that he is dyslexic with a dismal academic history should also have been taken into account, O’Higgins insisted.
Mr. O’Higgins highlighted the co-accused’s much lighter six-year sentence with three years of it being suspended, not as a comparison but as an example to show that sentencing isn’t a standard “one size fits all” solution.
The defence counsel rapidly queried the degree of punishment dealt in a scenario where the defendant, a person without a fixed abode and suffering from cognitive challenges, had no financial stakes. Pursuing inquiries from the bench of three judges, Mr. O’Higgins vouched that the crux of his argument was that the 8½-year imprisonment did not exhibit enough leniency when considering all aspects. He disclosed that Minto, at present, was classified as an enhanced inmate who had embarked on initiatives to combat his substance abuse issues.
David Perry, representing the State, highlighted that the sentencing judge was fully cognizant of the rehabilitative actions that had been undertaken. Even though the idea of suspending part of the sentence had not been tabled, it was managed via the overall reduction granted. Perry revealed that the defence, during the sentencing hearing, had failed to argue for a suspension of a part of the prison term.
Mr Perry also argued that when all the factors—both exacerbating and alleviating—were weighed, the delivered sentence fell within the judge’s discretion for this case. He noted that although Minto was eligible for some leniency given his early guilty plea and personal circumstances, there were only limited mitigating factors. This was particularly true given that the defendant already had nine prior convictions, including three drug-related ones.
When pronouncing the sentence in March 2023, Judge Nolan acknowledged the tough life start Minto had experienced and factored in the defendant’s admission of guilt, cooperation, and confession as mitigating aspects. The police concurred that the actual owner of the drugs was a relative of Minto who has since passed away.