A man who kept a loaded sawn-off shotgun in his bedroom because of a “real threat to his life” has been sentenced to five years in prison.
Darren Mullarney (41) of Fortlawn Park, Blanchardstown, Dublin, pleaded guilty at Dublin Circuit Criminal Court to unlawful possession of a sawn-off shotgun at his home on May 25th, 2018.
Judge Melanie Greally sentenced Mullarney to five years in prison but suspended the final 18 months given what she said were the "very exceptional" circumstances of the case.
The judge noted that it was accepted by the prosecution that Mullarney had had a “real threat to his life” from a “serious member of the criminal fraternity” and that he had already been shot earlier that month arising out of the same feud.
She set a headline sentence of seven years but reduced this because of substantial mitigating factors including Mullarney’s high level of cooperation, his early plea and his insight into the serious nature of his offence.
The court heard that Mullarney had been granted bail but chose to remain in custody for his own protection.
Garda Mark Quill told John Byrne BL, prosecuting, that gardaí received information that Mullarney might have a shotgun in his possession and searched his house on May 25th last.
‘Kill me’
Garda Quill said they discovered a sawn-off shotgun loaded with two cartridges sitting on a shelf in his wardrobe. Mullarney told gardaí he had purchased the gun the day before and had done so out of fear for his life.
Mullarney told gardaí that certain people had “come at him” on five previous occasions and that they were not going to stop “until they kill me”.
He described an incident on May 8th of this year in which people at arrived at his home and a scuffle broke out, during which a weapon was produced and Mullarney was shot in the leg. Mullarney said he chose not to report the incident as he believed it would make matters worse.
Garda Quill said gardaí were aware of an ongoing dispute between Mullarney and a known criminal, though they did not know why he had been “targeted”.
Mullarney maintained that he did not owe a drug debt to this person, but rather that this was a matter of “respect”.
Mullarney has four previous convictions, the most recent being for public intoxication in 2000.
Mary Rose Gearty SC, defending, said Mullarney was not a man who instigated violence but that he had armed himself as he felt it was “the only option” because of the very threatening circumstances in which he was living.
She said being in custody had done Mullarney “a great favour” because it took him out of the situation he was in.
Ms Gearty said her client accepted full responsibility for the offence and had a good work record in scaffolding and the building industry.
She said he has a six-year-old son and is a step-father to five other children.
The court heard Mullarney is using his time in custody well, by reading and using the gym.
The sentence was backdated to May 25th, when Mullarney went into custody.