A man who took €43,000 worth of cannabis he found under a bush has been sentenced to two years in prison.
Dublin Circuit Criminal Court heard that Govonor Ogbonnaya (27) of Castle Park, Graiguecullen, Co. Carlow pleaded guilty to possession of drugs for sale or supply at an address in the Tallaght area on October 20, 2020. He has a number of previous convictions, 52 of which are for theft.
Passing sentence yesterday (Thursday), Judge Martin Nolan said, “This defendant thought he was very lucky when he found these drugs; he then took them.
Judge Nolan said this defendant made himself known to the gardai when the occupier of the house was arrested.
The judge said, “There is good mitigation in this case, which allows me to depart from the ten-year mandatory minimum.” He outlined that this defendant took responsibility for the drugs when the gardai had no way of connecting him to the drugs.
Judge Nolan said, “undoubtedly he deserves a custodial sentence”, and sentenced Ogbonnaya to two years in prison, backdated to when he went into custody.
The court heard that gardai obtained a search warrant for a home in Tallaght. During the search, “cutoffs” and baggies were located in the house along with 26.6g of cannabis. A side lane beside the house was also searched, and gardai could smell cannabis and found two bags which had been placed on wheelie bins of the house next door. 2,067g of cannabis were found in these bags.
The court heard that the owner of the house was arrested, and while being placed in the garda car, Ogbonnaya presented himself to the gardai and took responsibility for the drugs. He told gardai that he saw someone storing the drugs under a bush, and he took them. He said he had not made up his mind what he was going to do with the drugs.
The drugs were sent to Forensic Science Ireland, where they were analysed and tested positive for cannabis. A total value of €43,854 worth of cannabis was seized.
A local garda agreed with John Moher BL, defending, that his client was a good sportsman in the past and that he admitted to the ownership of the drugs at the scene and in the garda station.
The garda agreed with counsel that if it was not his client’s admission, there would have been no case against him.
Mr Moher said his client became addicted to crack cocaine, and 52 of his previous convictions are for theft to feed his drug habit.
Counsel said his client has no trapping of wealth and has been homeless for a period of time.
He said his client “understands that this matter is quite serious and will have a serious impact on his life going forward.”
He asked the court to take into account that Ogbonnaya does not want this life and wants to put this behind him.
