Michael Hanney's firearms sentence upheld on appeal
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
Michael Hanney's five-year sentence, with the final two years suspended, was upheld by the Court of Appeal on 17 July 2017. The judgment was delivered by Mr. Justice Birmingham.
The sentences were originally imposed at Dublin Circuit Court on 19 July 2016. They included a requirement that Hanney be under Probation Service supervision for 18 months following his release.
The indictment contained seven counts. Counts 1–3 concerned possession in suspicious circumstances of a firearm, a silencer and ammunition respectively, contrary to section 27A of the Firearms Act 1964. These offences related to 13 July 2015.
Counts 4–6 concerned possession of the same firearm, silencer and ammunition without a certificate, contrary to section 2 of the Firearms Act 1925 as amended, also on 13 July 2015. Count 7 concerned possession of an air pistol without a certificate under the same provision on 13 May 2015.
The court refused the Director of Public Prosecutions' application to review the sentences for undue leniency. It was not persuaded that the sentence was so unduly lenient that it should be set aside. It also found that departure from the presumptive mandatory minimum and partial suspension were open to the sentencing judge.