#Two Men Given Suspended Sentences for Possessing Firearms

Two Wicklow men have been given suspended sentences for possessing firearms which had been bought by their friend on the dark web almost two years ago.

#Case Details

Two men, Shane Kinsella (22) from Tynock, Kiltegan, and Daniel Quinn Burke (22) from Allendale Lawn in Baltinglass, have been given three-year sentences, suspended in full for five years, for possessing a rifle, a semi-automatic pistol, and ammunition.

#Background

The two men had pleaded guilty to the charges in March 2024, after being arrested near Straffan in County Kildare. A third man, Evan Fitzgerald, who was also arrested on the same date, later died from self-inflicted wounds.

#Charges and Sentencing

At the sentencing hearing, Judge Elva Duffy described the men's actions as "utterly ludicrous" and "beyond foolish." However, she noted that the entire scheme was instigated by their friend, Evan Fitzgerald, and that the men were led by loyalty.

#Unusual Case

Judge Duffy described the case as "very unusual" and noted that the Director of Public Prosecutions had taken the unusual step of accepting that the offences did not warrant the mandatory sentence of five years.

#Sentence

The judge sentenced both men to three years, suspending it in full for five years. The men had been aged 19 and 20 at the time of their arrest.

#Investigation Details

According to Detective Inspector Ken Donnellan, Evan Fitzgerald had been identified as the person intent on procuring weapons on the dark web in a garda sting operation. The weapons, including a military-grade assault rifle, had been rendered safe, and €2,700 was proffered in cash before the three were arrested.

#Mental Health Issues

Evan Fitzgerald had significant mental health issues, and his friends became involved out of a misguided sense of loyalty.

#Personal Circumstances

The court heard that both men had pleaded guilty and were deeply apologetic. Kinsella had moved to Carlow to work and live with his sister, and had a pro-social network available to support him. Quinn Burke had recently qualified as a mechanic and had not come to the attention of gardaí since.

#Probation Reports

Probation reports in respect of both men were given to the court, demonstrating a positive engagement with probation services and an awareness of how serious the offences were.

#Reactions

The barristers for the two men, Seoirse Ó Dúnlaing SC and Aisling Murphy BL, asked the court to consider non-custodial sentences, given the unique circumstances of the case and the men's remorse.