A teenage former drug dealer who was jailed this week for five years was freed with a seven-year suspended sentence by Judge Cyril Kelly in what he said was "an extremely rare exception".
The decision to vary Sunil Sharpe's sentence came after additional evidence from probation officer Ms Paula O'Leary and Garda Ciaran Baker, one of the prosecuting officers, at Dublin Circuit Criminal Court.
Ms O'Leary submitted there was no benefit in jailing Sharpe who had co-operated fully with the probation service and rehabilitated himself since his last offence in October 1996. Garda Baker doubted if Sharpe would ever reoffend.
Mr Luigi Rea BL, defending, said he could not argue with the original sentence in a normal situation but with the help of the court and the probation service Sharpe had rebuilt his life. He deserved one real chance by not having the custodial sentence activated.
Sharpe (19), of Brighton Avenue, Ranelagh, and Mount Tallant Avenue, Harold's Cross, pleaded guilty to having ecstasy, cannabis resin, amphetamines and LSD for sale on dates in June, August and October 1996.
He had been caught selling drugs at a Point Depot "rave". He also had drugs concealed in two flats and had large sums of cash that he admitted were the proceeds of selling illegal drugs.
Judge Kelly was told Sharpe was on bail when he committed the August and October offences. He imposed three years suspended on the June offence and two sentences of four years each on the August and October charges. The four years suspended is consecutive to the three-year sentence.
Garda McLaughlin told Mr Desmond Zaiden BL, prosecuting, he had seen Sharpe selling ecstasy in the Point on June 1st, 1996.
Cannabis was found concealed in a search next day of his Ranelagh flat. Garda Baker said £1,058 worth of drugs were found in the flat on August 23rd, 1996 along with £310 cash. He was on patrol in Harold's Cross on October 15th, 1996 when he caught Sharpe selling drugs on the street. He had £1,030 cash and ephedrine worth £300 in his Mount Tallant Avenue flat.