A 23-year-old who was stopped by gardai with almost €7,000 in crime proceeds in a sock will no longer serve 15 months additional jail time for the offences, after a judge gave him a “break” and varied his sentence on appeal.
Ross Kavanagh (23), who was also found to have €1,696 worth of cannabis in his bedroom after a search, told gardai at the time that the cash recovered was for savings.
Kavanagh, with an address at Pearce House, Dublin 2, was originally sentenced to a total of 15 months in custody for the offences in the District Court.
He was convicted of converting, transferring, handling, acquiring, possessing or using property while knowing or believing (or is reckless as to whether or not) the property is the proceeds of criminal conduct, contrary to section 7 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.
He was also charged with two counts of possession of controlled drugs contrary to section 3 of the Misuse of Drugs Act 1977 and one count of possession of drugs for unlawful sale and supply contrary to section 15 of the same act.
On the money laundering charge, Kavanagh was sentenced to nine months consecutive to another two and a half year sentence from the circuit court for another matter. He was also given a six-month sentence for the sale and supply of drugs charge, made consecutive to the nine months.
He later lodged an appeal against the severity of his sentence.
Detective Garda Thomas Byrne told the District Court Appeals Court today that on January 25, 2022, while on patrol on Hanover Street in Dublin 2, he stopped a cyclist. He said that there was a strong smell of cannabis coming from the man and he was searched.
Det Garda Byrne said that gardai discovered a black sock which contained €6,900 in cash. He said that two small bags containing a brown substance and two phones were also found.
He said that Kavanagh told gardai at the time that the money was for savings.
The detective garda said that the drugs were identified as cannabis and the phones seized showed that Kavanagh was involved in the sale and supply of drugs.
He said that Kavanagh’s house was subsequently searched and 246g of cannabis with a value of €1,696 was found in his bedroom. He said that Kavanagh’s fingerprints were found on the bags.
Det Garda Byrne told the court that Kavanagh has 29 previous convictions.
Defence counsel for the man, Seán Prendiville BL, said that Kavanagh had been the “breadwinner” of his family as the eldest of his parent’s children and that he is the sole carer for his siblings and mother.
Mr Prendiville said that his client was “under pressure” in respect of the offences.
He said that Kavanagh has been doing very well while in custody for another matter, for which his release date is in September 2027.
He asked the judge to consider making the sentences concurrent to the other matter, as Kavanagh still has almost two years left to serve.
Judge Jonathan Dunphy said that he is “acutely aware” of the problems in the area where Kavanagh lives.
He said that Kavanagh is still young, can do better and has the ability to work, although in the “correct lawful fashion”.
Judge Dunphy said that Kavanagh is of “zero assistance” to his family while he is in custody.
He said that considering Kavanagh’s very difficult background and the favourable evidence from the gardai, he was prepared to vary the order of the District Court.
Judge Dunphy said that Kavanagh’s nine-month sentence for the money laundering offence would remain the same, but that it would begin from today’s date.
He ordered for the forfeiture of the cash and the destruction of the drugs in this case.
In relation to his possession of drugs for sale and supply charge, Judge Dunphy decided to suspend Kavanagh’s six month sentence in its entirety for the period of 12 months from his release from custody.
He said that this suspended sentence would “hang over him” and that Kavanagh is “getting a break”. He advised Kavanagh to use his time well while in custody.