AVOIDS JAIL |
Nicola Smart (42) pleaded guilty to one count of possession drugs for sale or supply in her home
Nicola Smart
A paraplegic woman caught with about €26,000 worth of drugs has been given a suspended sentence after the court heard she would have had difficulty placing the drugs where they were stored in her house.
Nicola Smart (42) pleaded guilty to one count of possession drugs for sale or supply in her home at Prospect Hill, Finglas Dublin 11 on November 18, 2022. She also pleaded guilty to possessing €3,725, the proceeds of crime, on the same date.
She has two previous convictions for minor road traffic matters, Dublin Circuit Criminal Court heard today.
The court heard that when gardaí searched Smart’s home, cocaine with a street value of €24,000 was found in her garden shed, along with €1160 worth of cannabis and zopiclone tablets worth about €680. A small amount of cannabis herb was found in Smart’s bedroom.
Garda Joshua Graham told Liam Dockery BL, prosecuting, that Smart made “full admissions” when her home was searched by gardaí and she was arrested. However, Gda Graham said he believed Smart’s home was being used by criminals to store the drugs.
Nicola Smart
News in 90 Seconds – Tuesday, November 11
He told the court that the drugs were found in a top shelf in the shed.
“Because she is in a wheelchair, it would have been difficult for her to place the drugs on the top shelf,” Gda Graham said.
Mark Lynam SC, defending, said Smart was “frightened to admit that someone else was involved” as she did not want to come under pressure.
He said Smart had a history of drug use and was a heroin and cocaine user which led to her having a stroke in 2017. She is now a paraplegic as a result and her adult daughter is her carer, the court heard.
Her husband died by suicide in 2015. Mr Lynam said custody would be a “daunting prospect” for Smart given her health issues.
Judge Martin Nolan accepted that other people were using Smart’s home to store their drugs. He said her culpability in the offence was low.
“The court wouldn’t be justified in sending her to prison,” he said.
He handed down a three year sentence which he suspended in full on a number of conditions.