The Court of Appeal replaced the sentence imposed on Mark Kavanagh after finding it unduly lenient, ordering concurrent five-year terms for a drug offence under section 15A and firearms offences. One year of each term was suspended.
In an ex tempore judgment delivered on 8 June 2015, the court said it was imposing what it considered appropriate sentences for offences to which Kavanagh had pleaded guilty. It cited the value of the drugs, €153,000, and the presence of a concealed firearm and ammunition as aggravating factors.
The court also considered mitigating factors: Kavanagh’s guilty plea, lack of previous convictions and remorse. It referred to more recent testimonials from a prison chaplain, who spoke positively about his conduct and remorse in prison, and to his trusted work in the prison bakery. The court said the testimonials affected the sentence it considered appropriate.
The five-year terms are concurrent and were ordered backdated to 15 October 2015, which the judgment describes as the date Kavanagh first entered custody for these offences. The judgment does not explain how that date relates to its delivery date of 8 June 2015.
One year of each sentence is suspended for three years following release. The court said a bond was to be entered into before the prison governor at the appropriate time, subject to the usual conditions and a nominal €100 bond.
The judgment does not specify the individual firearms offences or give details of the original sentence.