Sentences for deliberate discharging of a shotgun in the proximity of gardaí were unduly lenient

Criminal law – sentencing – undue leniency – whether sentences of three and a half years and two and a half years imposed for reckless discharge of a firearm, possession of ammunition in suspicious circumstances and damaging property were unduly lenient – vehicle failed to stop and attempted to ram the garda vehicles – Mr. Loughlin produced a firearm and discharged it from the passenger window of the BMW car – s. 8 of the Firearms and Offensive Weapons Act 1990 – s. 27A(1) of the Firearms Act 1964 – s. 2 of the Criminal Damage Act 1991 – whether the sentences imposed amount to an error on principle for offences categorised as being in the mid range – whether the sentencing judge erred in principle in finding that there were exceptional circumstances on account of the fact that the accused had pleaded and had cooperated – whether the sentencing judge erred in principle in his assessment of all the relevant factors in imposing the sentences in respect of the firearms offences – s. 59 of the Criminal Justice Act 2006 – appropriate headline sentences are, in respect of the possession the firearms offences for both respondents a term of seven years imprisonment and in respect of the discharging offence also seven years imprisonment – sentences imposed were significantly unduly lenient and require adjustment – sentences of five years' imprisonment and four years (with the unserved balance suspended) substituted – appeal allowed.