Courts / Tipperary / Report

Sentence for having explosives and handgun is upheld

Date
2018-10-26
Stage
Appeal
Primary locality
Clonmel
County
Tipperary

Summary

The Court of Appeal has upheld the prison sentence of Dylan Cahill, a 24-year-old from Lower Irishtown, Clonmel, Co Tipperary, who pleaded guilty to serious firearms and explosives offences. Cahill admitted to possessing a .380 calibre Colt semi-automatic pistol and four rounds of ammunition, as well as two improvised explosive devices, or pipe-bombs, at Sradrine, Glefarne, Co Leitrim, on May 13, 2015. These admissions were made at the non-jury Special Criminal Court, where Ms Justice Isobel Kennedy, presiding with Judges Sinead Ni Chulachain and James Faughnan, sentenced him to six years in prison, with the final year suspended. The appeal, heard by President Mr Justice George Birmingham alongside Ms Justice Máire Whelan and Ms Justice Marie Baker, was dismissed. Mr Justice Birmingham stated there was no basis to suggest the mandatory minimum sentence for firearm possession constituted an error in principle. He characterized the carrying of a semi-automatic pistol, ammunition, and a pipe bomb in furtherance of the activities of the IRA as a very serious offence. Consequently, the Court of Appeal confirmed the original disposal, maintaining the effective custody period and suspended portion as originally imposed by the Special Criminal Court.

Who, what, where, when and why

What: Report matter: Sentence for having explosives and handgun is upheld. Charges or matters: the possession of a .380 calibre Colt semi-automatic pistol and four rounds of .380 calibre ammunition at Sradrine, Glefarne, Co Leitrim on May 13th, 2015; the possession of two improvised explosive devices, or pipe-bombs, at the same place on the same date. Procedural stage: appeal

When:

Case subjects

Dylan Cahill

Defendant

Charges: the possession of a .380 calibre Colt semi-automatic pistol and four rounds of .380 calibre ammunition at Sradrine, Glefarne, Co Leitrim on May 13th, 2015; the possession of two improvised explosive devices, or pipe-bombs, at the same place on the same date (Admitted)

Plea: Guilty

Outcome: Ms Justice Isobel Kennedy, presiding alongside Judge Sinead Ni Chulachain and Judge James Faughnan, sentenced Cahill to six years in prison, with the final year suspended. The Court of Appeal upheld Cahill's sentence today.

Places mentioned

Secondary Mention
Court Venue
  • Special Criminal Court
  • The Special Criminal Court
  • Court of Appeal

Topics

Stage Appeal

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