Courts / Limerick / Report

Kieran Ryan wins appeal against firearms sentence

Date
2014-03-18
Stage
Appeal
Primary locality
Ballyneety
County
Limerick

Summary

The Court of Criminal Appeal has allowed an appeal by Kieran Ryan against his eight-year sentence for firearms possession, finding an error in principle in the original sentencing. In July 2010, Ryan, then of Craeval Park, Moyross, pleaded guilty at Limerick Circuit Criminal Court to possessing a Browning semi-automatic pistol and 15 rounds of 9mm ammunition at Carrigmartin, Ballyneety. Judge Carroll Moran imposed the eight-year term, while his brother, Eddie Ryan, received six years for the same offence. The appeal court determined that the trial judge's starting point was too high, noting no evidence that Ryan intended to use the weapon. Consequently, the appropriate starting point was nine to ten years. The court also found the four-year reduction for his guilty plea excessive, given he was caught red-handed and had a prior conviction for violent disorder. A justified reduction of two to two-and-a-half years indicated a final range of seven to eight years. Presiding Judge Frank Clarke stated that while the appeal was allowed, a significant reduction would not be justified due to the offence's seriousness. The matter was adjourned to allow both sides to present submissions on the proper sentence, including materials regarding Ryan's conduct in prison.

Who, what, where, when and why

What: Report matter: Kieran Ryan wins appeal against firearms sentence. Procedural stage: appeal

When:

Case subjects

Eddie Ryan

Convicted Person

Outcome: Eddie Ryan, of College Avenue, Moyross, was sentenced to six years for the same offence.

Kieran Ryan

Appellant

Plea: Guilty

Outcome: Presiding judge Mr Justice Frank Clarke said the court required to hear both sides on the proper sentence to be imposed in the light of all the circumstances of the case, including any materials relevant to Mr Ryan's conduct in prison. However, he added: "In light of the seriousness of the offence to which he has pleaded guilty and all the other circumstances of the case, the court must make clear that it will not be possible to justify a significant reduction in sentence." In July 2010 Ryan, with a last address at Craeval Park, Moyross, was sentenced to eight years by Judge Carroll Moran at Limerick Circuit Criminal Court for the possession of a Browning semi-automatic pistol and 15 rounds of 9mm ammunition at Carrigmartin, Ballyneety, on May 26th, 2010.

Places mentioned

Secondary Mention
Residence
  • Craeval Park
  • College Avenue
Court Venue

Topics

Stage Appeal Violent Crime

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