Man caught with gun and ammo jailed for five years
A man has been jailed for five years for possession of a pistol and ammunition after a judge said he must have known they would be used to kill or injure.
Daniel Kavanagh (25) of Owensilla, Ballymun, Dublin pleaded guilty at Dublin Circuit Criminal Court to possession of a 9mm Makarov pistol, a silencer and three rounds of ammunition at St Margarets, Ballymun, Dublin on July 13, 2015.
Judge Martin Nolan said that the most innocent explanation he could take was that Kavanagh was transporting the gun to others to be used to kill or cause injury.
“That's giving him every benefit of the doubt. He must have known they were going to be used for an illicit purpose, such as killing or injuring,” the judge said.
He imposed a sentence of five years to date from February 18 last (2016) when Kavanagh went into custody for this offence.
Garda Alan Carbery told the court that the firearm was in a silver metal case contained in a black bag. The bag was in the footwell of a car in which Kavanagh was a passenger.
He said that ballistic tests found that the gun and silencer fitted together and the pistol was capable of firing the ammunition found.
Gda Carbery told Martina Baxter BL, prosecuting, that he was on patrol with the district drugs unit when he noticed a car exiting Silloge lane. Gardai stopped the car on suspicion of a drugs offence and the driver of the car told them about the firearm in the car.
After his arrest Kavanagh told gardai that the gun had not been used in a shooting that day. He said he knew the gun was in the car and said it had nothing to do with him.
Gda Carbery told the court that Kavanagh and the driver were associates. The driver pleaded guilty to related offences at a previous hearing date and will be sentenced next month.
The court heard that the serial number on the gun had been deliberately erased and could no longer be read. The gun and silencer were not attached when found in the case.
Kavanagh's nine previous convictions include three for drug dealing. Defence counsel for Kavanagh said he had made efforts to deal with drug problems and that he had a job.