A man who was caught with a loaded semi-automatic pistol has been jailed for three years.
Phillip McBride (44) and his co-accused had items including the gun, ammunition, gloves and a balaclava for “the purpose of intimidation” and may well have intended to use them “beyond that”, Judge Melanie Greally said at his sentencing at Dublin Circuit Criminal Court.
Judge Greally said that as it turned out, the firearm and the ammunition were not compatible. “They were not capable of inflicting injury on that particular occasion,” she said.
The court heard that McBride and his co-accused were both wearing two sets of clothes upon their arrest.
Ronan Munro SC, defending McBride, told the court that his instructions were that his client was asked to drive the car with the understanding that the firearm was to be used to intimidate somebody in a drugs context.
McBride of Cedar Grove, Swords, Co Dublin, pleaded guilty to unlawful possession of a firearm and ammunition at N4, Rathowen, Co Westmeath, on December 3rd, 2019. He has six previous convictions for road traffic offences.
His co-accused Derek Byrne (38) of Drynam Green, Swords, Co Dublin, was previously sentenced by Judge Melanie Greally to seven-and-a-half years imprisonment with the final 18 months suspended. Byrne has 78 previous convictions, including convictions for possession of drugs for sale or supply, public order and road traffic offences.
Cocaine addiction
Passing sentence on Wednesday, Judge Greally said McBride's involvement came from a cocaine addiction that had “spiralled out of control and caused him to fall into significant financial debt”.
The judge said he has no previous convictions for violent offending of any description. She noted he has been engaging well in custody and said she has heard “very persuasive” evidence of his efforts at rehabilitation.
She said she was of the view that McBride is “essentially a pro-social person” who got himself involved in something that was “to some degree beyond his control” due to pressure.
Judge Greally sentenced McBride to six years imprisonment, but suspended the final three years on strict conditions, including that he follow all directions of the Probation Service for 12 months post release.
She said the distinction made in sentencing is based on the differing previous convictions of the two men and a different level of participation in relation to the offence.
At an earlier sentencing hearing, Detective Garda Stuart Gleeson told Garrett McCormack BL, prosecuting, that gardaí had information that a firearm was to be found at Byrne's address and a surveillance operation was put in place.
Det Gda Gleeson said that on the date in question, Byrne was seen leaving the house with a bag in his possession and getting into a BMW driven by McBride. Gardaí followed the car as it travelled along the M50 and onto to the M4, before attempting to stop the BMW on the N4.
The men tried to flee and a chase ensued, ending when the car went onto a grass verge. As both men were arrested, Byrne said he had been going fishing.
Gardaí found the loaded semi-automatic handgun nearby the car, the gun having been discarded from the front passenger window. During a search of the car, gardaí discovered items including black latex gloves, a black balaclava and a burner phone.
The court heard that when the men were arrested, they were wearing two sets of clothing, one over the other.
