A man imported cannabis from the United States after purchasing it online using the “dark web”, a court has heard.
Harry O’Brien (22) told gardaí he intended to smoke or bake the more than €4,000 of cannabis and admitted to ordering drugs online on three previous occasions, but denied being a drug dealer.
Dublin Circuit Criminal Court heard that O’Brien’s mental state was “a little precarious” at the time, but things have gotten “back on track” for him since and he has gone on to found a disabled students’ advocacy group.
O’Brien with an address at Fernwalk, Greenfields, Ballincollig, Cork, pleaded guilty to the importation of cannabis at Trinity Halls, Dartry Road, Rathmines, on March 13, 2019.
He also pleaded guilty to possession of cannabis and Ketamine for sale or supply at the same address on the same date. He has no previous convictions.
Detective Garda Eamonn Murphy told Grainne O’Neill BL, prosecuting, that an An Post worker selected a package sent from California to the accused’s then address for further inspection and found it contained cannabis with a value of €4,426.
Det Gda Murphy said gardaí subsequently searched O’Brien’s then address and found further drugs, including Ketamine worth €1,000 and a further small amount of cannabis.
In interview with gardaí, O’Brien said he had recently ordered drugs online using the “dark web”, paying €1,100. He said he had ordered drugs online on three previous occasions and paid using a cryptocurrency.
Defendant denied being a drug dealer
O’Brien told gardaí that he had intended to smoke or bake the cannabis he ordered. He said he was a drug addict, having first taken drugs aged 11, but denied being a drug dealer.
Det Gda Murphy agreed with Pieter Le Vert BL, defending, that his client took responsibility for importing the drugs and said he was not going to sell them, but admitted he would give some to his friends.
The detective agreed with counsel that his client was “not in a particularly good way” when he first met with him and his mental state at the time was “a little precarious”. He agreed there has been improvement since and O’Brien is “almost like a different person now”.
Det Gda Murphy said he thinks O’Brien has learnt his lesson and will not come before the courts again.
Mr Le Vert said his client found his first year in college “very difficult”, stopped attending lectures and became “very withdrawn”. He said there was a marked change in his client’s personality and he pushed friends away.
Got his life back on track
Counsel said that after his client was caught by gardaí, he attended therapy and things began to get “back on track” for him. He said his client almost “flunked” his first year in college, but in his third year he received first class honours.
He said his client volunteers with the college disability service and founded a disabled students’ advocacy group, which is now the largest such group in the country. He said his client wants to join the army and has taken steps to do so.
Mr Le Vert asked the court to consider imposing Section 100 of the Criminal Justice Act 2006. This section allows the court to impose a fine and defer the passing of a sentence of imprisonment for the offence.
Counsel said the question is that given what this man “demonstrably has to give”, should he be curtailed by the recording of a conviction for an offence he committed when he was 19 year’s old.
On Thursday Judge Melanie Greally said she appreciates a conviction would hinder O’Brien greatly in terms of his future and opportunities he might have. She said the offending in question is “serious misconduct”, but said she was “not completely opposed” to imposing Section 100.
Judge Greally said she would adjourn the matter for two weeks to allow for the canvassing of charitable organisations and for a proposal to then be put to the court regarding a suitable entity that could benefit from O’Brien’s experience and skill-set.
She adjourned the matter to November 25, next, with a view of adjourning the matter again on that date under the provisions of Section 100.