Courts / Dublin / Report
Man given suspended sentence for third firearms offence is sent to jail after successful DPP appeal
Summary
Wayne Ellis, 34, of Landen Road, Ballyfermot, had received a wholly suspended sentence for a third firearms offence in 2014. The sentence was upheld as unduly lenient by the Court of Appeal, which ordered him to serve a five‑year term of imprisonment. The appeal was based on Ellis's previous convictions under the Firearm Act, which require a mandatory minimum of five years for a second offence. The High Court had earlier upheld the constitutionality of that minimum. Ellis had pleaded guilty to possession of a firearm in suspicious circumstances and to other firearms‑related offences at Knocklyon Shopping Centre on 5 July 2012. The Court of Appeal noted that Ellis had been drug‑free for two years and had made significant progress in overcoming his addiction, but the mandatory minimum could not be suspended. The decision was delivered by Mr Justice Garrett Sheehan, with Mr Justice Alan Mahon and Mr Justice John Edwards.
Who, what, where, when and why
What: Report matter: Man given suspended sentence for third firearms offence is sent to jail after successful DPP appeal. Charges or matters: possession of a firearm in suspicious circumstances; possession of certain articles. Procedural stage: appeal
When:
- July 5, 2012 Incident
- May 26, 2014 Incident
- 2016-07-25 Publication
Why: Mr Justice Sheehan said the Circuit Court judge was not entitled to suspend any part of the five year sentence because of Ellis' relevant previous conviction. CNI source report
Case subjects
Appellant
Charges: possession of a firearm in suspicious circumstances; possession of certain articles (Admitted)
Plea: Guilty
Outcome: Lawyers for Wayne Ellis (34), with an address at Landen Road, Ballyfermot, had challenged the constitutionality of mandatory minimum five year sentences for second offences under the Firearm Act but the constitutionality of the relevant legislation was upheld.
Places mentioned
- Landen Road
- Dublin
- Dublin Circuit Criminal Court
- Court of Appeal
- The High Court
- Caroline Biggs SC. The High Court
- High Court
Topics
Related court reports
- Man charged with having 56k child abuse images and videos remanded on bail
- Ex-Dáil hopeful's allegations against former employer 'complete fantasy', WRC told
- Mater must pay €10k to worker who said he was wrongly accused of abusing patient
- 'I think we know I won't be getting bail' - Daniel Kinahan charged with directing criminal organisation
- Letting agent who claimed alleged domestic violence victim abandoned tenancy by fleeing to refuge must pay €14.7k
- 77-year-old with 470 convictions told Luas staff to 'f**k off'
Help us improve this report
Your request is saved for the newsroom's next review. It does not immediately change the published report.
Prefer email? Send a correction request.