Teen jailed for role in Tristan Sherry melee further sentenced for burying gun, ammo and drugs
Among the charges were possession of a side-by-side shotgun, possession of cannabis and diamorphine for the purpose of sale or supply to another and possession of a drug named Phenacetin
The Courts of Justice which houses the Special Criminal Court, Dublin
The 18-year-old Dubliner, who cannot be named because he was a minor when he came before the courts, previously pleaded guilty to a number of offences at Tolka Valley Park, Blanchardstown, Dublin 15 on May 7 and 8, 2024.
Among the charges were possession of a side-by-side shotgun, possession of cannabis and diamorphine for the purpose of sale or supply to another and possession of a drug named Phenacetin, in circumstances giving rise to the inference that it was connected to a drug trafficking offence.
In addition, he was charged with the possession of 15 rounds of 9 x 18mm Makarov calibre Sellier and Bellot made ammunition and ten 12 Gauge ELEY Olympics shotgun cartridges.
Sentencing the youth to five years in prison with the final one year and four months suspended at the Special Criminal Court today, Ms Justice Karen O'Connor said the defendant in this case was 'essentially caught red handed'. However, she said the court had to be conscious of the evidence that he was 'acting under the influence' of others at the time who were 'no doubt older than him'.
She also noted his pleas of guilty were mitigating factors in the case.
The judge noted evidence at a previous sentencing hearing that the defendant had been acting 'at the behest of the Hennessy organised crime group'.
She said the fact he was only 17 at the time was a 'significant factor' which the court had to consider.
The presence of the sawn-off shotgun and ammunition were aggravating factors, Ms Justice O'Connor said, going on to say the defendant was found 'with a multiplicity of controlled drugs' with a significant value in excess of €55,0000. She said the 'devastating impact' of the sale and supply of drugs and the fact the offences were connected to an organised crime group were other aggravating factors in the case.
The judge noted the defendant had a 'challenging upbringing' and has been described as a 'vulnerable young man'.
His engagement with the Probation Service suggested 'an element of immaturity', which was unsurprising given his youth and background, she said.
The judge said the defendant was on bail for a charge of violent disorder in relation to the steakhouse case when these offences were carried out and said as a result, any sentence imposed by the court must be consecutive.
Ms Justice O'Connor noted the teenager was subsequently convicted in relation to the steakhouse offence and is serving a sentence of 28 months with the final 12 months suspended.
The judge set a headline sentence of seven and a half years in respect of the shotgun offence, noting it was not brandished, the teenager did not resist arrest and there was no silencer on the gun. She said the court would impose a sentence of five years with one year and four months suspended, leaving a final sentence of three years and eight months.
She said the sentence imposed today will run consecutive to the jail term he is currently serving, meaning he will serve a total sentence of five years.
These were 'serious offences' committed by someone who was a minor at the time, she said, adding the defendant is 'unlikely to avoid a life of crime' without intervention. However, she said the teenager is now an adult and warned that if he breaches any of the conditions imposed, he will serve his full sentence.
The judge also imposed a sentence of 20 months for possession of the drug Phenacetin, in circumstances giving rise to the inference that it was connected to a drug trafficking offence; 18 months for possession of cannabis for the purpose of sale or supply and three years and four months for possession of Diamorphine for the purpose of sale or supply. She said all of these sentences would run concurrent to each other.
A nolle prosequi was entered in relation to a charge of having cannabis, diamorphine, Cocaine and Ketamine with a value of €13,000 or more for the purpose of sale or supply. All other charges were taken into consideration.
Ms Justice O'Connor imposed a number of conditions, including that the teenager enters into his own bond of €100 to keep the peace and be of good behaviour for two years after his release from prison, that he remains under the supervision of the Probation Service for 24 months post release and that he engage in offence-related and victim work.
The Courts of Justice which houses the Special Criminal Court, Dublin
Today's News in 90 Seconds - July 7th
The Special Criminal Court previously heard that on May 7, 2024, an undercover drugs unit in Blanchardstown observed the teenager digging in the ground. When the gardaí approached, they saw the butt of a shotgun sticking out of the earth, poorly covered in cling film.
Eight packages wrapped in black cling film were beside the hole. Four contained cannabis to a value of €2,672, while the other four contained a drug used for mixing cocaine.
The scene was preserved, and the following morning gardaí discovered two more packages in a lightly covered hole three metres away from where the youth had been sitting. One contained ten shotgun cartridges while 15 9mm bullets were found in the second package.
Further packages containing diamorphine worth €38,962, cannabis worth €11,472, cocaine worth €3,206, and ketamine to a value of €8,230 were found in another hole nearby.
Gardaí told the court the defendant was engaged in this activity in the context of the Hennessy criminal gang and had been carrying this out at their behest.
In a separate matter, the Special Criminal Court previously found the teenager guilty of violent disorder at Browne's Steakhouse in Blanchardstown on Christmas Eve, 2023.
During a trial last year, the court heard that gangland figure Jason Hennessy Snr was celebrating with about 30 people, including the defendant.
Tristan Sherry and a second gunman entered the restaurant with their faces covered and hoods up. Hennessy Snr suffered a fatal gunshot wound as he grappled with Sherry, but he managed to drag the gunman to the ground. Others in the party piled in on Sherry, stamping on his torso and head, stabbing him repeatedly and using various objects, including an iron bar and a stool, to beat him to death.
Three people were convicted of murder arising out of the assault on Sherry.
The defendant in this case initially hid under a table, but when he emerged, he engaged in violence against Sherry, who was lying prone on the ground, for about five seconds.
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