Courts / Waterford / Report
Man caught with firearm while wearing gloves has sentence reduced
Summary
In February 2023, a Waterford man, Chris Kelly, aged 32, was caught by the Garda Armed Response Unit with a handgun while wearing disposable gloves. He had pleaded guilty to possession of a firearm on 20 May 2020, the same date and location as his co‑accused Kealan Madden. Kelly had one prior conviction for cannabis possession, whereas Madden had 13 prior convictions. The original sentence in December 2021 was six years' imprisonment with the last year suspended. Kelly appealed, arguing that his single prior conviction gave him a "justified grievance" and that he should not be treated more severely than Madden. The Court of Appeal quashed the original sentence and re‑sentenced Kelly to five years' imprisonment with one year suspended, matching Madden's sentence. The decision was based on the lack of a substantial basis for distinguishing the two men, despite Kelly's Crohn's disease and other personal circumstances.
Who, what, where, when and why
What: Report matter: Man caught with firearm while wearing gloves has sentence reduced. Charges or matters: possession of a firearm on May 20, 2020, at Ballinlaw, Slieverue, Co Kilkenny, when he and two other men were stopped by gardaí. Procedural stage: appeal
When:
- May 20, 2020 Incident
- December 2021 Incident
- 2023-02-17 Publication
Case subjects
Appellant
Charges: possession of a firearm on May 20, 2020, at Ballinlaw, Slieverue, Co Kilkenny, when he and two other men were stopped by gardaí (Admitted)
Plea: Guilty
Outcome: At the Court of Appeal today, Mr Justice George Birmingham quashed the original sentence and re-sentenced Kelly to five years' imprisonment with one year suspended to match Madden's jail term. "In the course of her sentencing remarks, the trial judge referred to the fact that the appellant was being paid a sum of money for transporting the package, observing, "that distinguishes him from Mr Madden". "We are somewhat at a loss to see how it differentiates the appellant from Mr Madden.
Appellant
Charges: possession of a firearm on May 20, 2020, at Ballinlaw, Slieverue, Co Kilkenny, when he and two other men were stopped by gardaí (Alleged Or Contested)
Outcome: At the Court of Appeal today, Mr Justice George Birmingham quashed the original sentence and re-sentenced Kelly to five years' imprisonment with one year suspended to match Madden's jail term. "In the course of her sentencing remarks, the trial judge referred to the fact that the appellant was being paid a sum of money for transporting the package, observing, "that distinguishes him from Mr Madden". "We are somewhat at a loss to see how it differentiates the appellant from Mr Madden.
Places mentioned
- Hawthorn Drive
- Waterford
- Andrew Street
- Kilkenny
- Kilkenny Circuit Criminal Court
- Court of Appeal
Topics
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