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Yesterday, the Court of Appeal greatly increased the sentence handed down to a west Tipperary drug dealer; latter caught red-handed with over €1m in cash and drugs, including 5kg of cocaine located in a potato sack.
The Director of Public Prosecutions had appealed against the sentence handed down to Mr James Curtis, aged 51 years, on the grounds that it was too lenient.
A three-judge court found that the five-and-a-half year sentence imposed on Mr Curtis, latter with an address at Reiska, Kilcommon, Thurles, Co. Tipperary, was not appropriate and a more severe sentence should have been initially imposed.
Mr Justice George Birmingham, in delivering the judgment, quashed the previous Nenagh Circuit Court sentence and increased same to one of 10 years detention, backdated to October 30th, 2020, when Mr Curtis was first arrested.
Gardaí had observed Mr Curtis leaving his residence in Reiska, Kilcommon, Thurles, under the cover of darkness and without the aid of a flashlight, on the same date, October 30th, 2020; walking along a secluded country road before crossing into a field, were he was found to be in possession of €1 million in cash and drugs, and to which he had pleaded guilty.
Government approves publication of General Scheme of Bill which will strengthen law on consent in rape cases and support victims in sexual violence and human trafficking cases.
- Bill will change the current situation where a man is not guilty of rape if he honestly believed that he had the consent of a woman.
- Bill puts National Referral Mechanism on statutory footing – a significant advance in identifying and supporting victims of trafficking.
- Also ensures anonymity for victims in all trials for sexual offences and will extend the victim’s right to separate legal representation.
The Minister for Justice, Helen McEntee TD, has secured Government approval to publish the General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022.
The Bill will strengthen the law on consent, knowledge and belief in rape cases by changing the current situation where a man is not guilty of rape if he honestly believed that he had consent. Under the new proposals, the accused’s defence that he believed she was consenting has to be objectively reasonable; that his belief was one that a reasonable person would have held in the circumstances.
Minister McEntee said,
“This is a very important and timely piece of legislation that will mean juries should have regard to the steps the accused took to check whether the woman is consenting, as well as the accused’s decision making capacity at that time.
Currently the accused’s own subjectively honest but mistaken belief that the woman was consenting is a defence to rape. This needs to change.
The changes I am bringing forward today progresses policy commitments I have made in key plans, such as Supporting a Victim’s Journey and Zero Tolerance; the third national strategy on domestic, sexual and gender based violence”.
The new Bill will amend the fault or mental element of the rape offence by adding that the accused commits rape if, at the time of the sexual intercourse, he does not “reasonably believe” that the woman was consenting.
This would be an objective test, and would be in addition to the present definition of rape (i.e. where the accused knows that the woman is not consenting or is subjectively reckless as to whether she is consenting).
The Bill will also provide greater protections and supports to victims of sexual crimes and human trafficking, including putting the National Referral Mechanism on a statutory footing and ensuring anonymity for victims in all sexual offences trials.
It also removes the final legislative barriers to Ireland’s ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
Speaking after Cabinet, Minister McEntee said,
“This Bill will ensure that greater protections and supports will be provided to victims of sexual crimes and victims of human trafficking.
Most of these victims are, unfortunately, women and children.
I also believe that these proposals will reduce the risk of re-traumatisation and will ensure that victims have the supports in place to allow the healing process to begin”.
The revised National Referral Mechanism will make a significant difference to Ireland’s capacity to identify and support harder-to-reach human trafficking victims.
It will allow all agencies, both State and civil society, to co-operate, identify and share information about potential victims and facilitate their access to advice, accommodation and support.
Currently, when suspected victims of human trafficking are encountered by, or referred to, An Garda Síochána, they are provided with a wide range of services by both the Government and NGOs through the NRM.
Many victims – for very understandable reasons – will not approach the police, but may be much more comfortable approaching a different state body, or an NGO.
The new approach acknowledges other state bodies and NGOs have a role in identifying victims of human trafficking and referring them to the NRM.
Minister McEntee added,
“This is a clear demonstration of Ireland’s commitment to identifying and supporting victims of this abhorrent crime and it will strengthen our international reputation in this area.
Last week’s announcement by the US State Department that Ireland had been removed from the Tier 2 Watchlist in its latest Trafficking in Persons (TIP) report was very positive, and by legislating to put the NRM on a statutory footing, I’m confident that our standing internationally will be further improved in advance of the next report.
My Department has worked very closely with a number of NGOs that support victims of human trafficking in developing the policy proposals for the new NRM and in developing a new National Action Plan on Human Trafficking. The Department will reconvene the working group of NGOs and other stakeholders shortly to get the benefit of their advice on the details of the General Scheme and I look forward to their input”.
As part of the ongoing reform of the criminal justice system to make it more supportive of victims, the new Bill will also introduce additional safeguards for victims of sexual offences as recommended by the Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offence conducted by an expert working group, led by Professor Tom O’Malley. Recommendations from this Review are being taken forward in Supporting A Victim’s Journey: A Plan to Help Victims and Vulnerable Witnesses in Sexual Violence Cases which the Minister launched in August 2020.
The provisions being legislated for through this Bill will ensure anonymity for victims in all trials for sexual offences and will extend the victim’s right to separate legal representation if, for example, they are being questioned about their previous sexual history. This will provide for stronger protections for victims of sexual crime, who are predominantly women and children.
Gardaí are understood to have seized cannabis plants with a street value estimated to be in excess of half a million Euros, following a search operation carried out in north Co. Tipperary yesterday evening, July 25th, 2022.
Shortly before 8:00pm yesterday, Gardaí conducted a search of a premises in the area of Lorrha village, at the northern tip of Co. Tipperary; before locating a cannabis grow-house situated on the property.
A significant number of cannabis plants, together with other recognisable drug dealing paraphernalia, were discovered during the Garda search; same conducted as part of Operation Tara; using officers attached to the Nenagh Garda District.
However to date, no arrests have been made, as investigations continue.
The State has informed the Court of Appeal that a five-and-a-half-year jail sentence, latter imposed on a Tipperary resident caught with over €1 million in cash and drugs, was too lenient.
Mr James Curtis, aged 51 years, with an address at Reiska, Kilcommon, Thurles, Co Tipperary, had been sentenced in October last (2021), at Nenagh Circuit Criminal Court.
The court heard that while serving a suspended sentence, under the cover of darkness, Mr Curtis was discovered near a wood, close to his home, in possession of a potato bag containing 5kg of cocaine.
The court further heard that Gardaí had also discovered €41,000 in cash and a further 4.25kg of cocaine, in a barrel buried in a field; together with a plastic shopping bag containing €336,000.
Mr Curtis had pleaded guilty to possessing €647,000 worth of cocaine for sale or supply, (contrary to Section 15 of the Misuse of Drugs Act). He also pleaded guilty to being in possession of €376,550, knowing or being reckless as to whether the money was the proceeds of criminal conduct. He had been jailed for five and a half years.
Yesterday, at the Court of Appeal, Mr Thomas O’Malley (Senior Council for the State), said the sentencing judge, Mr Justice Cormac Quinn, had erred in principle.
Mr O’Malley claimed that the sentence was too low and unduly lenient, since Mr Curtis was already on a suspended sentence for a similar offence and his sentence therefore should not have been less than 10 years in prison, despite his admitting to the offence.
The matter has now been adjourned until Friday next, when the court should be in position to give a further judgement.
- US State Department notes ‘significant efforts’ made by Ireland to combat trafficking and support victims.
- Recommendations to revise Ireland’s National Referral Mechanism and publish a new National Action Plan are already significantly advanced
The Minister for Justice, Mrs Helen McEntee TD, today noted Ireland’s upgrading in the ‘Trafficking in Persons’ (TiPs) Report 2022, and welcomed the significant progress An Garda Síochána and her Department have made to combat human trafficking and support victims.
This recent progress has been acknowledged and reflected in the report from the US State Department which saw Ireland’s ranking upgraded from the Tier 2 watch-list.
Significant developments in 2021 taken into account by the US State Department when assessing Ireland include:
- The first convictions, in September of last year, for human trafficking.
- Government approval for the creation of a revised National Referral Mechanism to make it easier for victims of trafficking to come forward, be identified and access support;
- The development of a new National Action Plan on Human Trafficking; and
- An increase in funding dedicated specifically to supporting victims of trafficking, and for public awareness and prevention efforts
In addition, Minister McEntee noted that work being advanced by her Department over the past 12 months progressing the revised NRM and the new Action Plan on Human Trafficking, and which is nearing completion, will make a substantial difference to the identification and protection of human trafficking victims in Ireland. These reforms are reflected in key recommendations made in the TiPs Report.
Minister McEntee said, “Human trafficking is an exploitive crime that preys on the vulnerable.
I have been clear that there is no place for it in our society.
We know vulnerable people are trafficked into Ireland for exploitation reasons, including sexual exploitation, forced labour and forced criminality.
We are confident that the victim-centred policy approach we are taking will, most importantly, encourage more victims to come forward and get help and support, but this in turn, should help us gather the information and evidence needed to strengthen prosecutions and convictions.
There are two further areas in particular that my officials are progressing, and which we hope to see reflected in the next TiPs rating.
The first is work ongoing in relation to a proposed new National Referral Mechanism. Next week I will seek Government approval to publish the General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022, which, among other things will put a revised NRM on a statutory footing. This will also provide a formal role for civil society groups that support victims to be part of the formal identification process.
This new approach will make it easier for victims of trafficking to come forward, be identified and access advice, accommodation and support.
Work is also advancing on the development of a new National Action Plan on Human Trafficking. Following a further round of stakeholder consultations, the plan will be finalised and submitted to Government for approval in the autumn.”
In addition to engaging with the TiPs process, Ireland continues to work actively with all our partners in multilateral international organisations who are active in tackling human trafficking, including the Council of Europe’s Group of Experts on Action against Trafficking (GRETA), the Organization for Security and Co-operation in Europe (OSCE), the UN and the European Union. These organisations periodically conduct country visits and make recommendation for areas of improvement.
Furthermore, the enactment of the legislation to establish the revised NRM on a statutory footing and the implementation of the draft commitments for action in the Action Plan on Human Trafficking should help improve Ireland’s ranking further in future reports.
The TiPs Report is the US Government’s principal diplomatic tool to engage foreign governments on human trafficking and it rates States in a three-tier system based on their perceived efforts to acknowledge and combat human trafficking.
Ireland was downgraded to Tier 2 watch list in 2020, and has now been upgraded to Tier 2 with the US State Department noting the government is “making significant efforts” in this area.
Among the areas highlighted are the increased number of convictions secured, the increased number of potential trafficking victims identified during inspections, and work on the expungement of convictions for selling sex, many of which may have involved victims of trafficking.
The Minister notes the references to the fishing industry in the 2022 report.
All allegations of human trafficking in the industry are fully investigated by An Garda Síochána and files submitted to the Director of Public Prosecutions. AGS report that the DPP has so far decided not to prosecute in all cases, deeming the necessary threshold of evidence to show human trafficking – as distinct from exploitative work practices – has not been met.
The Minister notes with concern the statement in the 2022 TIPs report that ‘Traffickers subject Irish children to sex trafficking within the country’.
The Minister is not aware of any evidence of this, either from the report or otherwise, but would point out that under Children First legislation and guidance Ireland has:
- Mandatory reporting for certain ‘classes of persons’ to report child abuse concerns; and
- Tusla and AGS have an agreed Protocol and reporting procedures for child protection and exploitation matters.
Any suspicions of child trafficking for sexual abuse – including any evidence that comes to the attention of any voluntary organisation – should be reported immediately to An Garda Síochána.
Minister McEntee added, “We are united in our commitment to supporting victims, and to prosecuting those who take advantage and profit from their misery.
The mass movement of people across Europe over the past four months has served only to concentrate minds and deepen our resolve to help.
Ireland is determined to play its full part in providing safe refuge for the people fleeing from Ukraine and the Irish people have afforded a warm welcome to more than 40,000 people so far.
However, we are also mindful that some will view it as an opportunity to deceive and exploit.
The Zero Tolerance strategy, the third national strategy on domestic, sexual and gender-based violence which I launched last month contains an action to identify linkages between the implementation plan accompanying the Strategy, and the National Action Plan on human trafficking, as well as ensuring actions to prevent prostitution and combat trafficking for sexual exploitation are addressed in an integrated manner”.
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