Joshua Allen has been sent back to prison to commence a sentence of seven months arising out of two drugs cases as the judge said of the accused – “It appears that the penny has not dropped.”
The 22-year-old was appealing a two-month sentence for having cocaine for his own use and a 15-month sentence – that had been suspended – for dealing cannabis.
He faced a maximum possible term of 17 months today.
Judge Berkeley said in all the circumstances she was imposing an overall sentence of 12 months and suspending the last five months of that sentence on condition that he keeps the peace for a period of 12 months post-release.
22-year-old Joshua Allen of Ballynamona in Shanagarry, County Cork, was appealing his two-month sentence for having €280 worth of cocaine on July 10, 2020 at the Pontoon, Midleton, County Cork.
Originally in the circuit court he was sentenced to 30 months with half of it suspended for arranging postage of €22,000 worth of cannabis to himself.
The re-entry of the 15-month portion of the sentence which was suspended, was triggered by the new sentence of two months imposed on him for having the small quantity of cocaine since his release from jail.
Back in March 2020 Judge Seán Ó Donnabháin (now retired) imposed a two-and-a-half year sentence with the second half of it suspended and backdated to November 8 2019, at Cork Circuit Criminal Court.
In respect of the circuit court matter, a controlled delivery was made at 4.30 pm on August 30 2018 to Joshua Allen, at Ballymaloe cookery school, Shanagarry, County Cork, and he pleaded guilty to having it for sale or supply.
In effect, Mr O’Sullivan BL said that he was urging on the court to have a non-custodial outcome in all matters – to suspend the two months and not reactivate the 15 months.
Judge Berkeley said, “He has always had a supportive family… He has had every support available to him… He has been given every chance to desist.”