A Cork man who claimed he was scouting fields for rabbit hunting when he was caught with almost 10kgs of cannabis in a Garda sting operation has lost an appeal against his eight-year prison sentence.
Karl Humphries (40), last of Curraheen Drive, Bishopstown, was convicted of three counts of possession of cannabis worth around €58,000 for sale or supply by a Cork Circuit Criminal Court jury in July 2021.
The trial heard that gardaí, having seen a bag of suspected cannabis being concealed in a ditch at Watergrasshill, Co Cork on July 25th, 2012, sat in wait to see who would pick it up.
Humphries arrived by car and gardaí watched as he searched the hedge and found the bag, although Humphries later claimed that he was in the area because he was "dazzling" or "lamping" rabbits.
The bag was found to contain 9.74kg of cannabis resin. Humphries denied being involved in the drugs trade at any level and had pleaded not guilty to the three charges, maintaining he never touched the bag.
A jury rejected his defence by a ten to two majority and Judge Seán Ó Donnabháin at the Circuit Court said Humphries's claims about hunting rabbits were not credible. Judge Ó Donnabháin sentenced Humphries to 10 years' imprisonment with the final two suspended.
Patrick McCarthy BL, for Humphries, on Tuesday told the Court of Appeal that Judge Ó Donnabháin had put too much emphasis on aggravating factors and failed to properly consider his client's engagement with gardaí and lack of previous convictions.
Mr McCarthy said the judge had concluded that Humphries was at a level within the drugs operation above that of an ordinary courier or mule. Mr McCarthy submitted there was no basis for the judge's conclusion. His client, he said, did not have the "trappings of wealth" that might be associated with a higher level drug dealer.
Donal T McCarthy BL, for the Director of Public Prosecutions, said the sentencing judge was obliged by the Misuse of Drugs to impose a minimum 10-year sentence unless there were exceptional circumstances. In this case, Mr McCarthy said, there were no exceptional circumstances and Humphries did not have the benefit of having entered a guilty plea.
Delivering the court's judgment on Tuesday afternoon, Mr Justice Michael MacGrath said the trial judge was entitled to find that Humphries was above the level of an ordinary courier or mule. He also found that even without the minimum sentencing requirements under the Act, the offending in this case would attract a sentence close to ten years. Mr Justice MacGrath agreed with the trial judge that there were no exceptional circumstances to depart from the ten-year minimum. He dismissed all grounds of appeal.
