Warren Nolan’s five-year sentence increased after prosecution review

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Warren Nolan’s original sentence of five years in prison, with the final 18 months suspended, was replaced with a five-year prison sentence following a successful prosecution review. The proceedings were reported on 22 March 2017.

Nolan, of Rowlagh Park, Clondalkin, pleaded guilty at Dublin Circuit Criminal Court to possessing a firearm in suspicious circumstances and possessing drugs. He also pleaded guilty to dangerous driving, reckless endangerment and driving without a licence.

The firearm and drug offences occurred in Dublin on 8 June 2015. The driving and reckless endangerment offences occurred in Clondalkin on 4 June 2015. Judge Karen O’Connor imposed the original sentence on 25 July 2016.

The report said Garda Gavin Curran approached a vehicle in which Nolan was seated and tried to open the door before realising he was two feet from the barrel of a pump-action shotgun. Curran retreated, another armed garda drew his weapon and Nolan was arrested. The court heard that the shotgun was unloaded and no ammunition was found.

The Director of Public Prosecutions sought a review on the grounds that the original sentence was unduly lenient. On 21 March 2017, Justice John Edwards, sitting with Justice George Birmingham and Justice Alan Mahon, quashed that sentence and imposed a new five-year term dating from the same date as the original.

Justice Edwards said the sentencing judge had not expressly found exceptional circumstances that would have allowed her to go below the presumptive five-year minimum. The court heard that Nolan’s guilty plea, age of 18 at the time of the offence and personal circumstances were mitigating factors, but that there had been no co-operation or material assistance.