The Court of Appeal has dismissed appeals by Conor Hughes and Darren Fox against seven-year prison sentences imposed for possessing a firearm in suspicious circumstances, finding the sentences proportionate and within the available range.
The Special Criminal Court imposed the terms on 8 February 2017 after the men pleaded guilty to offences under section 27A of the Firearms Act 1964, as amended. The Court of Appeal heard the appeals against sentence severity and delivered judgment on 4 December 2018.
The appeal judgment said the men were intercepted by Gardaí shortly after 1.30am on 31 October 2015 in a stolen vehicle travelling from Adare towards Rathkeale. They had been under surveillance after confidential information concerning suspected IRA members and an intention to “effect an event”. Surveillance officers observed them meeting a third person in Adare and taking part in what was described as reconnaissance.
A loaded, sawn-off double-barrelled shotgun, with two cartridges and described as “ready to go”, was found in the vehicle. The weapon had been stolen and its serial number removed. The vehicle also contained a petrol-filled jerry can and matches. The judgment said the men wore gloves and hoods. Both denied IRA membership and exercised their right to silence in interviews.
At sentencing, the Special Criminal Court identified a headline sentence of ten years and reduced it to seven years after considering mitigation, including the guilty pleas and the prospect of rehabilitation. The appeal court noted that the pleas were entered in November 2016, with trial listed for January 2017. The prosecution accepted they had value. The appeal court said a 30 per cent reduction for the pleas and other mitigating factors was not inappropriate.
The appellants argued that their sentences were out of line with comparator cases. The Court of Appeal considered those authorities and firearms sentencing guidance, while distinguishing cases involving different conduct and circumstances. It acknowledged that the sentence on a plea was toward the higher end of the available spectrum, but concluded it was not so severe as to show an error in principle requiring intervention.
The court said the loaded sawn-off weapon, its presence in a stolen vehicle, and the surrounding circumstances made the case particularly serious. It dismissed both appeals.