A 25-years-old self-confessed Derry drug dealer who was shot in the leg in the living room of his home in the Waterside area of the city last September, six days after he pleaded guilty at Derry Crown Court to committing five drugs offences, was sentenced to an Enhanced Combination Order at the same court today.
Emmet Smith, 25, from Mimosa Court, was shot in the leg by one of three masked individuals who forced their way into his home on September 30. As the result of the gunshot would which he sustained to his right leg, Smith has continuing mobility issues.
Smith had pleaded guilty to being concerned in supplying both cocaine and cannabis and to possessing the drugs along with the drug diazepam. He committed the offences on various dates between September 2016 and February of this year when quantities of the drugs were found at his then address in Lower Nassau Street.
The court heard Smith's offending was discovered when mobile phones belonging to other suspected drugs dealers were seized by the police in an ongoing drugs investigation in May, June and October of last year.
Judge Babington said by his admissions Smith had saved both time and money in terms of a potential trial.
Smith told the police he was dealing in drugs in order to pay for his own drugs addiction. He said he never kept the drugs in his home, rather he hid them in a nearby field.
Judge Babington said while the defence described Smith as a low level drugs dealer who did not live an extravagant lifestyle, he still contributed to what Judge Babington described as "the vicious circle of drugs in this city".
Smith told the police he had a £2,000 drugs debt but told his Probation Officer that it was a £5,000 drugs debt.
Judge Babington said while the offending had passed the custody threshold, he took into consideration Smith's full admissions and the fact that he'd already spent three months in custody on the charges.He said with some reluctance he was imposing an Enhanced Combination Order the terms of which mean Smith will be on probation for the maximum period of three years and will have to complete 100 hours of community service.
Judge Babington said the Order was a strict enforcement regime and warned Smith if he breached any of the Order's terms he would be brought back to court and in all likelihood sent straight to jail.
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