The Court of Appeal has dismissed Edward Conroy’s appeal against the severity of a five-year prison sentence for possessing a sawn-off shotgun in suspicious circumstances. It held that the sentence was not excessive and that no error of principle had been identified. The sentence is to run from 11 December 2015.
The appeal concerned four counts dealt with by Galway Circuit Court: possession of a firearm in suspicious circumstances, no insurance, driving while disqualified and drink driving. The five-year term was imposed for the firearm offence and ordered to run consecutively to a sentence he was already serving.
The judgment said gardaí received a report on 1 September 2015 that Conroy was driving in East Galway and had a slash hook. About two minutes after arriving at the reported location, gardaí saw a vehicle with him driving in Tuam. The vehicle fled at speed, mounted a footpath and crashed into a wall during a pursuit. The judgment records that gardaí saw Conroy leave the driver’s seat holding a firearm, then run across a field. They found a sawn-off shotgun after following him. He was arrested and made admissions in detention.
At the sentence hearing, Conroy’s counsel argued that his lack of previous firearms convictions supported departing from the presumptive statutory minimum. The judgment records that he had 74 previous convictions, including burglary, assault, theft and dangerous driving, but none for firearms. It also notes a positive prison Governor’s report and a probation assessment that placed him in a very high risk category for further offending within 12 months.
The appeal challenged the weight given to his lack of firearms convictions and the sentencing judge’s treatment of different explanations for the firearm. It also disputed remarks about rehabilitation and argued that the judge had not adequately considered the totality of consecutive sentences. The Court of Appeal said it saw some substance in the totality point, but that it had fallen by the wayside. It noted that sentences for assaults, which Conroy was serving, had been quashed, and that prison authorities were treating his sentence as running from 12 December 2015.
The court considered the firearm’s nature and the applicable sentencing range. Referring to prior Court of Criminal Appeal guidance, the judgment set out ranges of five to seven years for low-range offences, seven to ten years for mid-range and 10 to 14 years for high-range, before mitigation. It agreed with the sentencing judge that the case was at the high side of the middle range and that there was no basis to depart from the presumptive statutory minimum. The appeal was dismissed.