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DPP appeals wholly suspended sentence given to man for third firearms offence
Summary
Wayne Ellis, 34, of Landen Road, Ballyfermot, pleaded guilty in the Dublin Circuit Criminal Court to possession of a firearm at Knocklyon Shopping Centre on 5 July 2012. He was given a wholly suspended five‑year sentence by Ms Justice Mary Ellen Ring on 26 May 2014. The Director of Public Prosecutions (DPP) has appealed, arguing the sentence was "unduly lenient" because Ellis had two prior firearms convictions, making a mandatory minimum of five years imprisonment required. DPP counsel Gerardine Small said the judge had been advised of the mandatory minimum and that the sentence was a fundamental error. Ellis's counsel, Caroline Biggs, noted that Ellis had challenged aspects of the law in the High Court and that the prosecution accepted that his offences were linked to a drug habit, but that by sentencing he had "completely rehabilitated" himself. Mr Justice Garrett Sheehan, sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, reserved judgment on the appeal.
Who, what, where, when and why
What: Report matter: DPP appeals wholly suspended sentence given to man for third firearms offence. Charges or matters: possession of a firearm at Knocklyon Shopping Centre on July 5, 2012. Procedural stage: sentence
When:
- July 5, 2012 Incident
- May 26, 2014 Incident
- 2016-05-12 Publication
Case subjects
Defendant
Charges: possession of a firearm at Knocklyon Shopping Centre on July 5, 2012 (Admitted)
Plea: Guilty
Outcome: He was given a wholly suspended five year sentence by Ms Justice Mary Ellen Ring on May 26, 2014. However, by the time he came to be sentenced in the Circuit Court, he had "completely rehabilitated" himself and the penal aims of servitude had been achieved.
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