A Portadown man who “only sold drugs to make a bit of money” has been spared jail.
Craigavon Crown Court heard how Daniel Paul McCartney, with an address in Bann Street, was “a retailer involved in supply of cannabis to members of public”.
The 32-year-old, who has 22 previous convictions, was caught by police as they patrolled Lisburn town centre at 3.25pm on February 10, 2022.
Police detected a strong smell of cannabis and as a result searched McCartney under the misuse of drugs act. Cash in different denominations was found in his shirt pocket whilst he was being detained.
His home address was also searched and it was there police located 77.47 grams of cannabis in an oven compartment in the kitchen.
Electronic scales and empty heat sealed bags were also recovered. A motion detection Ring doorbell camera was seized from his back gate.
The defendant was interviewed that evening where he claimed that the cash was for rent and repairs around the house. He accepted that the cannabis found in his house belonged to him, but said that it was for his own personal use, as he had a cannabis addiction.
He denied that the phone seized was his and that the Ring doorbell belonged to him.
Footage from the doorbell was analysed by police, and it contained approximately 1,600 short video clips of people visiting the McCartney’s home.
Some of these videos show people attending to purchase drugs. Fifteen relevant clips were downloaded onto USB for presentation at trial, prior to the defendant’s late guilty plea.
This evidence was then put to McCartney at a further interview on July 21, 2022 and he denied that the doorbell footage showed him being involved in drug deals.
Defence barrister, Conor Lunny, said his client’s outlook “has changed dramatically since the time at which he was detected”.
He also addressed the fact McCartney failed to turn up to trial on one occasion.
“McCartney lived in Belfast at that stage and couldn’t afford the bus or train fire on that day. Mr. McCourt, I vividly recall, making strenuous efforts to get him here on that day, but His Honour, Judge Lynch, quite understandably ran out of patience and issued a warrant.
“He was remanded for about a week, and Mr. McCourt had to attend McCartney’s premises, along with another solicitor, and actually feed McCartney’s dogs.
“He’s cleaned up his act since detection of this enterprise, for want of a better word….but it was done really to supplement his benefits income.”
Her Honour Judge McColgan interjected: “Well, I don’t know if that’s a good point; ‘I’m actually selling drugs to make myself a bit of money’. That’s effectively what the plea is in this case.”
Mr Lunny contended that his client has been “completely candid”.
“He was trying to supplement his income, that’s exactly what was going on…I would ask, Your Honour, to give him some credit for his honesty and candour.”
He added: “….not wishing to denigrate or embarrass him, he presents, physically, far, far better now than he did in the very first met him a year and a half or two years ago…the underlying determination to turn his life around is clearly in evidence.
“I’m asking the court to take an exception course…he was in the grips of an addiction. This was supplementing his ability to receive his own supply.
“The wholesale supplier, who’s not named for obvious reasons in the local community, was giving McCartney this bulk cannabis to sell; he was getting it at a reduced price.
“That was then, and this is now two and a half, three years on, and I’m asking the court to take an exceptional approach, because of what I respectfully suggest, is a wealth of mitigation.”
Prosector, Joseph Murphy, in response said: “Supplying drugs to feed an addiction is not a mitigating factor.”
In passing sentence, Judge McColgan said that while a fourth trial was fixed for November 13 the defendant was rearranged and pleaded guilty – McCartney accepting that he was dealing in cannabis for a four month period up to and including February 10, 2022.
The prosecution argued that “the defendant’s role is that he was a retailer involved in supply of cannabis to members of public”.
A pre-sentence report offered up by Probation stated that “at the time of index offending, the defendant was receiving state benefit and faced a self perceived bleak financial future” and that he “reasoned that drug supply was a reasonable income source to supplement his limited disposable income”.
McCartney, in the report, by way of explanation “felt because he wasn’t earning enough money, it was okay to go out and have a sideline selling drugs” but also describes his arrest as “a wake up call and motivating factor to reassess his aims and lifestyle”.
Mr Lunny also asked the court to consider the fact that there is “no evidence of luxury lifestyle funded by the sale of drugs”.
He asked the court to consider that since the date of detection, McCartney has enrolled in Further Education and has “exhibited his desire, and made plans, to get on with gainful employment as a barber”.
Judge McColgan continued: “I am prepared to take on board that the offending ceased in February of 2022, which is now over two years and nine months ago.”
“Before Mr Lunny got to his feet I would have issued a determinate custodial sentence of 12 months custody, followed by 12 months license.
“You should be eternally grateful to your counsel and your solicitor, because Mr Lunny has managed to convince me that I ought to suspend the sentence and find exceptional circumstances.
McCartney was sentenced to two years imprisonment, suspended for a period of three years.
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