Courts / Wexford / Report

Man caught possessing explosives timer months after gardaí uncovered cache of explosive components at his parent's home, has sentence cut on appeal

Date
2015-11-17
Stage
Sentence
Primary locality
Wexford
County
Wexford

Summary

In 2011, Nicholas Kendall, aged 25, was sentenced to 12 years' imprisonment by the Special Criminal Court for possessing a range of explosive materials, including Semtex components, mortar bomb fusing parts, improvised timing units, explosive propellant powder, and clothes pegs modified as electro‑mechanical switches. He also pleaded guilty to holding a 9mm Smith & Wesson semi‑automatic pistol and a component of a timing power unit. The offences were uncovered during raids on his parents' rural home in Wexford and a house in Louth on 8 October 2010. On appeal, Kendall argued the sentence was unduly excessive. The court agreed, reducing the sentence to two consecutive five‑year terms with the final 21 months suspended, thereby establishing an effective custodial term of ten years and one month. The decision was based on the seriousness of the offences, the lack of prior convictions, and the plea of guilty.

Who, what, where, when and why

What: Report matter: Man caught possessing explosives timer months after gardaí uncovered cache of explosive components at his parent's home, has sentence cut on appeal. Charges or matters: the unlawful possession of a variety of explosive substances, including chemical components for Semtex, components of fusing systems for mortar bombs, improvised timing power units, explosive propellant powder and clothes pegs adapted to act as electro-mechanical switches; the unlawful possession of a component part of a timing power unit and a 9mm Smith & Wesson semi-automatic model SW 9F pistol at the same address in Co Louth on the same date; the unlawful possession of a component part of a timing power unit designed for initiating an explosive device, found at his parent's home while he was on bail for the previous offences on February 18th, 2011. Procedural stage: sentence

When:

Case subjects

Nicholas Kendall

Defendant

Charges: the unlawful possession of a variety of explosive substances, including chemical components for Semtex, components of fusing systems for mortar bombs, improvised timing power units, explosive propellant powder and clothes pegs adapted to act as electro-mechanical switches; the unlawful possession of a component part of a timing power unit and a 9mm Smith & Wesson semi-automatic model SW 9F pistol at the same address in Co Louth on the same date; the unlawful possession of a component part of a timing power unit designed for initiating an explosive device, found at his parent's home while he was on bail for the previous offences on February 18th, 2011 (Admitted)

Plea: Guilty

Outcome: Three judges sitting at the non-jury Special Criminal Court sentenced him to 12 years imprisonment on December 1, 2011. Kendall successfully appealed his sentence today on grounds that it was unduly excessive and "manifestly unjust".

Places mentioned

Residence
Court Venue
  • Special Criminal Court
  • Supreme Court

Topics

Stage Sentence

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