Last-minute correction sees sentence reduced in Carlow District Court
Carlow Courthouse
A CARLOW man who was found in possession of a small quantity of cannabis while on a suspended sentence for a similar offence was initially sentenced to two months in prison before a last-minute correction to his previous convictions record saw the sentence reduced to a fine.
Michael O’Riordan (22) of Gleann na Bearu, Muine Beag, Carlow appeared before Judge Tom MacSharry at Carlow District Court charged with possession of cannabis contrary to the .
Prosecuting Sgt Gráinne McPartlin told the court that on 25 May 2025 at approximately 1am, Mr O’Riordan was arrested under section 4 of the and subsequently searched, during which a small quantity of cannabis weighing 5.1 grams and valued at €101 was found on his person. The defendant said the cannabis was for his personal use.
The court heard that Mr O’Riordan has five previous convictions, all of which related to the , and that a previous section 15 offence had resulted in a seven-month suspended sentence at Kilkenny District Court on 6 February 2024.
Judge MacSharry noted that the current offence was, therefore, a potential triggering offence under section 99.
Eamonn O’Moore BL told the court that his client is 22 years’ old and currently in receipt of social welfare, but that he had brought a letter of intent from a potential employer to employ him as a farm assistant to present to the court. Mr O’Moore said his client had told him he no longer uses cannabis, acknowledging there had been “long-standing issues” in relation to cannabis use in his younger days.
Mr O’Moore said his client had made full admissions and entered a guilty plea at the time of the offence and described him as a young man who was “trying to better himself and get on with his life”.
Judge MacSharry, having considered the matter over lunch, said he had taken into account the admissions, the guilty plea, the co-operation with the gardaí, the fact that the offence had occurred over a year ago and the letter of intent for employment. However, he noted that the offence had occurred while Mr O’Riordan was on a suspended sentence for a similar offence and that he had to take that into account.
Judge MacSharry said he fully accepted Mr O’Moore’s mitigation and that he had “no doubt” his solicitor had “put his best foot forward”, but said he had no option but to convict and sentenced Mr O’Riordan to two months in prison, with a fixed recognisance and his own bond of €100 in cash. Mr O’Moore indicated he would be lodging an appeal.
The matter did not end there, however. Mr O’Moore subsequently brought to the court’s attention that of Mr O’Riordan’s five previous convictions, only one related to cannabis â not five as had previously been stated â making the current matter only his second cannabis offence rather than his sixth. The prosecuting sergeant apologised to the court for the error.
Judge MacSharry apologised directly to Mr O’Riordan for the mistake, saying: “I apologise for this, Mr O’Riordan,” before reducing the sentence to a fine of €350, with eight months to pay, while leaving the recognisance in place as requested by Mr O’Moore.
The judge thanked Mr O’Moore for bringing the matter to the court’s attention.
