Despite being “caught redhanded”, Lord Justice Colton held that he was still entitled to credit for admitting his crimes
A County Tyrone man jailed for smuggling “massive quantities” of high quality cannabis into Northern Ireland has won a legal battle to secure a reduced sentence.
The Court of Appeal ruled the term imposed on Barry McMoran, 50, for bringing in a consignment worth up to £1million is to be cut from 12 to 10 years.
But senior judges dismissed co-defendant Thomas Taggart’s challenge to the six-and-a-half year sentence handed down for his role in the operation.
Both men were detained after police seized 204 kilos of cannabis in Coalisland in May 2024.The illicit consignment was hidden inside two concrete blocks. The two defendants travelled to England separately to carry out the transaction, returning later on a ferry from Cairnyran.
Taggart, 39, from Sullenboy Park in Cookstown, was driving a Mitsubishi towing a trailer containing the drugs.
Days earlier he had replied to a text message from an associate asking about cannabis, telling him “you can have as much as you want when I get home”.
McMoran, from Doon Avenue in Dungannon, returned in another car following the deal.
PSNI officers arrested the men and intercepted the drugs after searching a shed in the Annaghnaboe Road area of Coalisland.
The cannabis had an estimated street value of between £700,000 and £1million, the court heard.
Both men subsequently pleaded guilty possessing a Class B drug with intent to supply, while McMoran also admitted two further offences.
Messages found on his phone indicated involvement in supplying cocaine and cannabis over a period from February until May 2024.
He was assessed as being heavily involved in the drugs trade at a high level.
Appealing against McMoran’s 12-year term, defence barrister Richard McConkey KC claimed it was manifestly excessive.
He disputed the trial judge’s process of imposing consecutive sentences for his client’s separate offences.
Prosecution counsel insisted it had been justified as both a deterrent and a reflection of McMoran’s previous activities.
“This is someone who was operating at the highest echelons of the drug trade,” he submitted.
However, the Court of Appeal ruled that the overall sentence was excessive, instead imposing a concurrent term to cover the scale of the operation and McMoran’s role in it.
Despite being “caught redhanded”, Lord Justice Colton held that he was still entitled to credit for admitting his crimes.
“Those who plead (guilty) on arraignment should be given a very significant discount because it doesn’t happen often enough in this jurisdiction,” he said.
“We allow the appeal and reduce the determinate sentence from 12 years to 10 years.”
McMoran will now serve five years behind bars and five years on licence.
Dismissing Taggart’s challenge, the court identified no basis for interfering with his sentence – also split equally between custody and supervised licence.
“He was involved in a sophisticated, well-planned and resourced criminal enterprise which involved bringing massive quantities of high-quality cannabis into this jurisdiction,” Lord Justice Colton stated.
“Leaving aside the precise nature of his role, it is clear that it was more than subordinate and he was heavily involved in this entire enterprise.”
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