A DRUGS courier who was attacked a week after he admitted having â‚¬200,000 worth of heroin on the outkirts of the city avoided a prison sentence because of the severity of the brain injury he suffered in the assault.
In December, 2008 the 30-year-old, who has an address at Moran Drive, Drimnagh, Dublin pleaded guilty to possession of a kilogramme of heroin at Ballycummin, Dooradoyle, on April 4, 2008.
The drugs were seized when gardai stopped and searched a taxi which had travelled from Dublin to Limerick that day.
Ten days after he pleaded guilty, Carberry was found lying on the side of the road in Dublin after he was viciously assaulted.
The defendant suffered an extensive brain injury in the attack and the court heard he is â€œincapable of independent livingâ€ and requires full time care.
Evidence was heard that the cocaine addict had travelled by taxi from Dublin to Limerick with the heroin in the boot of the car.
During garda interviews, Mr Carberry admitted collecting the package, which he believed contained cocaine, in Dublin from a â€œMr Xâ€, who was never prosecuted.
Imposing sentence Judge Carroll Moran said the case was as â€œexceptional a case as you could getâ€.
He said the offence warranted an immediate prison sentence given the quantity of drugs seized and the fact that it was heroin.
However, he said given the defendantâ€™s unfortunate mental health it would be wrong to impose a custodial sentence.
The judge imposed a four year prison sentence, which he suspended for four years.
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