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No increase in sentence for man jailed for less than presumptive minimum for firearm possession, despite appeal

Summary

The Court of Appeal has refused the Director of Public Prosecutions' application to review the sentence of Tomas Banaitas, also known as Sarunas Juozaponis. The appellant, a 24-year-old resident of Blanchardstown, Dublin 15, had previously pleaded guilty at Dublin Circuit Criminal Court to possession of a 9mm firearm and two magazines containing 14 bullets each. These items were allegedly found at Grange Road, Clonsilla, on September 13, 2013. Judge Martin Nolan sentenced Banaitas to three years and three months imprisonment on November 11, 2014, departing from the presumptive five-year minimum for illegal firearm possession. The DPP argued this sentence was unduly lenient, citing the obliterated serial number and taped magazines as sinister aspects. However, the Court of Appeal, led by Mr Justice Alan Mahon, upheld the original sentence. The judges accepted that the sentencing judge appropriately considered Banaitas' lack of previous convictions, his guilty plea, and his likelihood of rehabilitation. Additionally, the court noted that the sentence was reduced from four years to three-and-a-quarter to account for Banaitas' status as a non-national who had received no prison visits. The panel, including Mr Justice Birmingham and Mr Justice Sheehan, concluded that the sentence was not unduly lenient and dismissed the appeal.

Who, what, where, when and why

What: Report matter: No increase in sentence for man jailed for less than presumptive minimum for firearm possession, despite appeal. Charges or matters: possession of a 9mm firearm and possession of two magazines each containing 14 bullets at Grange Road, Clonsilla in the capital on September 13 2013. Procedural stage: appeal

When:

• September 13 2013 Incident
• November 11 2014 Incident
• 2015-04-22 Publication

Case subjects

Places mentioned

Topics

Firearms Stage Appeal

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Read the original CNI report