Courts / Cork / Report

Two Cork men jailed for six years for possession of handguns

Date
2014-05-09

Stage
Sentence

Primary locality
Cork City

County
Cork

Summary

The Special Criminal Court sentenced Anthony Carroll (31) and Brian Walsh (44) to six years' imprisonment for the unlawful possession of firearms. Both men pleaded not guilty to possessing a Walther PI 9mm semi-automatic pistol, a Smith & Wesson .22mm Magnum revolver, and 12 rounds of ammunition found in a van on Deanrock Avenue, Togher, on February 23, 2013. The court found sufficient evidence of joint enterprise and unlawful purpose. Justice Paul Butler imposed a seven-year sentence, reduced by one year for the manner of the trial, resulting in a net six-year term. Sentences were backdated to April 25, 2013, for Carroll and February 25, 2013, for Walsh. The State entered a Nolle Prosequi regarding a charge of IRA membership. Carroll's prior four-month suspended sentence for pepper spray possession was noted, with its lifting currently under appeal. The judge stated that neither defendant provided credible indications of future conduct to warrant further suspension.

Who, what, where, when and why

What: Report matter: Two Cork men jailed for six years for possession of handguns. Charges or matters: the unlawful possession of a Walther pistol, a Smith & Wesson revolver and 12 rounds of ammunition; the unlawful possession of a Walther PI 9mm calibre semi-automatic pistol, a magazine suitable for use with the Walther pistol and a Smith & Wesson .22mm Magnum calibre revolver with the serial number AEM 2000 at Deanrock Avenue, Togher, on February 23, 2013; the unlawful possession of six rounds of 9mm calibre ammunition suitable for use with the Walther PI 9mm calibre semi-automatic pistol and six rounds of .22 long rifle rounds of ammunition suitable for use in a Smith & Wesson .22 magnum calibre revolver at the same address on the same date. Procedural stage: sentence

When:

February 23 Incident
April 25 Incident
February 25, 2013 Incident
February 23, 2013 Incident
2014-05-09 Publication

Why: He said the court did not greatly disagree with the DPP's view, but placed the offence at the high end of the middle of the scale as opposed to the most serious, because there were two firearms for two people charged, rather than a cache of firearms as in the most serious of cases. CNI source report

Case subjects

Anthony Carroll

Convicted Person

Charges: the unlawful possession of a Walther pistol, a Smith & Wesson revolver and 12 rounds of ammunition; the unlawful possession of a Walther PI 9mm calibre semi-automatic pistol, a magazine suitable for use with the Walther pistol and a Smith & Wesson .22mm Magnum calibre revolver with the serial number AEM 2000 at Deanrock Avenue, Togher, on February 23, 2013; the unlawful possession of six rounds of 9mm calibre ammunition suitable for use with the Walther PI 9mm calibre semi-automatic pistol and six rounds of .22 long rifle rounds of ammunition suitable for use in a Smith & Wesson .22 magnum calibre revolver at the same address on the same date (Alleged Or Contested)

Plea: Not guilty

Outcome: Anthony Carroll (31)) A stone mason and fluent French speaker and another man have been sentenced to six years by the Special Criminal Court for the possession of two loaded handguns found inside a pencil case. He said that Anthony Carroll received a four month suspended sentence from Cork District Court in 2012 for the possession of pepper spray which was found to be approximately 20 times stronger than the spray issued to gardai.

Brian Walsh

Accused

Plea: Not guilty

Outcome: He backdated the sentences to April 25 of this year for Carroll and February 25, 2013 for Walsh.