DPP v Kelly

JurisdictionIreland
JudgeFinnegan J.
Judgment Date28 June 2010
Neutral Citation[2010] IECCA 75
Docket Number151 CJA/09
CourtCourt of Criminal Appeal
Date28 June 2010

[2010] IECCA 75

COURT OF CRIMINAL APPEAL

Finnegan J.

Budd J.

O'Keeffe J.

151 CJA/09
DPP v Kelly
IN THE MATTER OF SECTION 2 OF THE CRIMINAL JUSTICE ACT 1993
THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS)
.v.
THOMAS KELLY
RESPONDENT

CRIMINAL JUSTICE ACT 1993 S2

FIREARMS ACT 1925 S27A

CRIMINAL LAW

Sentence

Undue leniency - Presumptive minimum sentence of five years imprisonment - Mitigating factors - Whether trial judge erred in departing from presumptive statutory minimum sentence - Criminal Justice Act 1993 (No 6), s 2 - Appeal allowed, sentence increased from five years with 18 months suspended on conditions to seven years with two years suspended on conditions (151CJA/2009 - CCA - 28/6/2010) [2010] IECCA 75

People (DPP) v Kelly

Finnegan J.
1

The respondent on this application pursuant to section 2 of the Criminal Justice Act1993, Thomas Kelly, appeared before the Special Criminal Court and he pleaded guilty to two counts. Count No. 4 was a count of unlawful possession of a firearm contrary to section 27A of the Firearms Act 2006 as amended by the Criminal Justice Acts 2006-2007, that is possession of a firearm the inference being that it was not in his possession for a lawful purpose. Count No. 5 related to fifty rounds of ammunition for the same weapon. The weapon in question is described as a nine millimetre Parabellum Glock 26 semi-automatic pistol with its serial number removed. The offence was committed on the 19th July 2008. Gardai had mounted a surveillance operation at the car park of a public house at Castletown Road, Dundalk. An Audi car with the respondent driving together with two of his children, very young children, as passengers drove into the car park. Shortly afterwards a Toyota Yaris driven by a woman Noreen O'Hanlon and with Eugene Kelly, no relation of the respondent, as a passenger, drove into the car park and pulled up beside the respondent's Audi car. The respondent got out and handed a parcel to Eugene Kelly in the other car. It was a very speedy transaction and was observed by the Gardai. Both cars immediately set out to leave the car park when they were intercepted by the Gardai.

2

There were seven interviews of the respondent. He gave no explanation and made no admissions. He did however give an indication of an early plea. Before the Special Criminal Court there were a number of reports and the contents of those reports put in on behalf of the respondent gives some insight into what was afoot. It would appear that he collected the weapon in the Tallaght area and for the sum of €500 agreed to transport it and deliver it, that being carried out in the manner which I have just described. It is important to record in relation to this particular weapon that it is a hand gun, that it has lethal capacity. All too often we hear of this particular...

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1 cases
  • DPP v Kelly
    • Ireland
    • Court of Criminal Appeal
    • 29 June 2012
    ...O'NEILL & DPP UNREP KEARNS 23.3.2010 2010/47/11857 2010 IEHC 96 R v LUCAS 1981 3 WLR 120 DPP v KELLY UNREP CCA 28.6.2010 2010/16/3786 2010 IECCA 75 Crime – Firearms – Possession of – Circumstances leading to inference not for lawful purpose – Appeal against conviction and sentence 231/2009 ......

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