Director of Public Prosecutions v O'Connor [2021] IECA 326

The case: The respondent had pleaded guilty to three counts of possession of a firearm in suspicious circumstances and sentenced to a term of four years imprisonment, which sentence was suspended in full. The DPP applied seeking a review of the sentence on grounds of undue leniency. The respondent had been encountered driving a vehicle close to his home, and at that stage, he was in possession of keys belonging to another vehicle - a van - which was parked at the rear of the respondent’s dwelling. A warrant to search that vehicle was obtained. During the search, Gardaí discovered a sports bag, concealed in a hoover, which contained two packages wrapped in cling film. Each package contained a semiautomatic pistol, with fifteen live rounds of ammunition. During the course of the last interview, he referenced mental health difficulties that he had been experiencing. It is fair to say that the respondent’s approach was one of cooperation, and he followed this up by entering an early plea. During the course of the sentence hearing, it was accepted by investigating Gardaí that the respondent had been targeted by criminal elements to become involved, and that he was a vulnerable individual. The Court heard that there was a long history of mental health difficulties, including several suicide attempts: in 2004; in April 2019; and, most recently, in June 2019. The Court heard that apart from the respondent’s own mental health difficulties, which the investigating Garda described as “well documented”, it was also the situation that two of his brothers had died as a result of suicide. In terms of the respondent’s background and personal circumstances, he was 45 years of age and had no previous convictions. The Court heard that he had a good work record, including a lengthy period running his own business which was involved in sanding floors.

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