Man found with shotgun has appeal rejected

The Court of Criminal Appeal has dismissed an appeal by a Dublin man against the severity of the five year prison sentence he received as a result of being found in a car by the gardaí with a sawn-off shotgun and ammunition.

In February 2007 David Canning (aged 37), of Harelawn Green, Clondalkin, Dublin pleaded guilty at Dublin Circuit Criminal Court to possession of a shotgun, shotgun cartridges, a can of 'mace' and an extendible baton at Cappagh Road, Finglas on July 4, 2004.

Judge Michael White jailed Canning for five years.

Today the three Judge CCA of Mr Justice Joseph Finnegan Presiding sitting with Mr Justice Daniel Herbert, and Mr Justice John Hedigan rejected Canning's appeal against the severity of that sentence.

Counsel for Canning Ms Iseult O'Malley SC argued that Judge White had erred in his inference that Canning and a co-accused who was with him in the car at the time "were up to no good".

Counsel said that there was neither evidence, nor charges against Mr Canning to that effect, before the court.

The DPP opposed the appeal and argued that the sentence should not be disturbed.

In dismissing the appeal Mr Justice Finnegan said that the court was satisfied that Judge White had not erred by imposing a five year sentence.

This was a serious offence, and Judge White was correct to take into account that Canning and his co-accused were found in possession of various paraphernalia as well as the gun.

A sawn-off shot gun was "a lethal weapon" that had "no non-criminal use," added Mr Justice Finnegan.

The court was also satisfied that Judge White had taken all the mitigating factors into account, such as Canning's work history, good character and guilty plea, before passing sentence.

Last year the Circuit court heard that a bag containing the shotgun was thrown from the car in which Canning and the other man were in was recovered by the Gardai, who had been following them.

Canning, who had worked as a bouncer, claimed that as a result of paranoia from his drug use he took to carrying a weapon for protection.

He had abused cocaine and had run up a drug debt with "unsafe people".