The Court of Appeal has dismissed Edward McDonnell’s appeal against the severity of his nine-year prison sentence for unlawful possession of a firearm. The court held that the sentence was justified despite being three years longer than the term imposed on his co-accused, Stephen Little.
McDonnell pleaded guilty during the fifth day of his trial, after the prosecution had closed its case and an application for a directed verdict had been made. The Special Criminal Court sentenced him on 31 August 2020 to nine years in prison, backdated to 16 September 2019. The Court of Appeal heard his sentence appeal and dismissed it in a judgment delivered on 30 June 2022.
The firearm was found in a parked Audi at Lein Park, Harmonstown, Dublin 5, on 13 September 2019. Gardaí had searched the vehicle and found the firearm under a passenger seat. It was loaded when found, briefly removed and unloaded, then returned while surveillance continued. The following day, gardaí saw McDonnell leave a Toyota Avensis and approach the Audi. He was seen taking something from near its driver’s wheel. Gardaí intercepted the vehicles and arrested McDonnell at the Audi. The firearm remained in the car.
The court described the weapon as a Grand Power G9 machine pistol, with its serial number removed, capable of semi-automatic or fully automatic fire. A magazine and 12 rounds of ammunition were also recovered. The sentencing court had treated the offence as connected to serious and organised criminality and said Garda intervention prevented actual harm. Those were the sentencing court’s findings, not new findings made on the appeal.
McDonnell argued that the sentencing judges had set too high a headline sentence, given too little credit for his guilty plea and personal circumstances, and failed to account properly for parity with Little. His lawyers also cited his addiction difficulties, family circumstances and the absence of prior convictions relevant to the offence. The judgment records that McDonnell had 47 previous convictions, including convictions for attempted robbery and robbery.
The Court of Appeal said Little had pleaded guilty much earlier and had made admissions that strengthened the prosecution case. It also noted Little’s personal circumstances and the sentencing court’s finding that he had been significantly cooperative. The appeal court found no unjustifiable disparity and said McDonnell could not reasonably expect less than nine years for an offence of this seriousness. It dismissed the appeal, leaving the sentence in place.