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Hypotheitical Question Re Sentencing

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  • 22-07-2009 11:02pm
    #1
    Ashlinggnilsia
    Closed Accounts Posts: 274 ✭✭


    I have a hypothetical question for ye here Re Drugs Posession,

    I know generally just from hearing on the news and that, that people who are usually found in possesion of small amounts of illegal substances sometimes nothing happens, sometimes suspended sentence etc but thats obvioulsy for small quantities probly personal use. I dont know much about weights and that of drugs but say mayb what if someone was caught with a couple hundred xtc tablets how many years do they get then? or what happens them? You would probly be dealing with that amount i would imagine! Like is their a massive step in rulings as regards that??
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    #2
    McCrack
    Registered Users Posts: 2,972 ✭✭✭McCrack


    There are a lot of factors at play re sentencing.. age, previous, character, level of co-operation with the Gardai, street value of the drug, type of drug, whether accused pleads guilty or not, Judge hearing the case...

    200 E tablets would have a street value of €1,000. It's not a sizable amount in the grand scheme of things but would certainly warrant a conviction, the level and type of sentence dependant on the above factors I mentioned.


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    #3
    Ashlinggnilsia
    Closed Accounts Posts: 274 ✭✭Ashlinggnilsia


    Thanks for that i just wasnt sure cos i know people usually dont get into a huge amount of trouble when it comes to just having enough on them for themselves but when it comes to an amount where they would be done for intent to supply i really hadnt a clue. i would imagine that if it was a couple of grands worth the would get a coupe of years but when its smaller than that but not small enough for it to be just for themselves i hadnt a clue what sort of conviction people get. We were given one of those questions in class during the year and we didnt have to answer it we could choose a different question which i did but it was one of those questions where it was like...

    Tom is a 23 year old student with no previous convictions, tom was stopped at a check point and searcherd, Tom was found to be in possession of 200 E Tablets by gardai, he was told he would be charged with possession with intent to supply. Advise Tom. (Obviously i cant remember the question off the top of my head but it was something like that) I know what i thought should have happened and thats all the lecturer asked us at the time and didnt really go into it but it was just wreckin my head there the other day and so i figured i would ask. Thanks


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    #4
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    The search could be challenged on the basis of insufficient grounds, therefore the evidence could be discounted by the judge.
    What grounds/reasonable suspicion did the Garda have for conducting the search?


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    #5
    Ashlinggnilsia
    Closed Accounts Posts: 274 ✭✭Ashlinggnilsia


    Bond-007 wrote: »
    The search could be challenged on the basis of insufficient grounds, therefore the evidence could be discounted by the judge.
    What grounds/reasonable suspicion did the Garda have for conducting the search?

    again i cant remember the full question but i think it was just a random search, it was only a hypothetical question given to us but it was just wreckin my head tryin to figure it out.


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    #6
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    A random search fishing trip would be unconstitutional.


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    #7
    Ashlinggnilsia
    Closed Accounts Posts: 274 ✭✭Ashlinggnilsia


    Bond-007 wrote: »
    A random search fishing trip would be unconstitutional.

    random search fishing trip ??? ya wha?? im on about as in being randomly searched at a checkpoint or something to that effect!


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    #8
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Still can't happen. They must have a reason to search.


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    #9
    Ashlinggnilsia
    Closed Accounts Posts: 274 ✭✭Ashlinggnilsia


    Bond-007 wrote: »
    Still can't happen. They must have a reason to search.

    But like ok i get that if a guard got a smell of weed off the car he would have a reason to search but what reason would you have to search a car other wise? Simply suspicion as the person is known to the guard wouldn't be enough would it because that way they could search any car they liked using that reason!


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    #10
    Ashlinggnilsia
    Closed Accounts Posts: 274 ✭✭Ashlinggnilsia


    i have another question for ya, dont the guards need to have a warrent to search your house? before we were at a session and the guards just walked right in no warrent gave us all abuse.. we were only young at the time and took everyones names now they did nothing about but they went around the house trying to bang down locked doors and the doors were locked because the person who owned the room was not there and wanted to be sure nobody would be in there but say for example we had something illegal in the house say they found some drugs would that stand in court seeing as they entered without a warrant or does it not count?


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