Suspended sentence of five years for firearm offence
A man caught with a firearm in his home who told gardaí he had it for self-defence purposes has been given a five-year suspended sentence, reports Isabel Hayes.
Wayne Harte (44), of Cloonmore Lawns, Tallaght, told gardaí he and his family members had come under attack, as had his business, and he was offered the firearm by a third party to defend himself.
Harte pleaded guilty to possession of the firearm at his home on November 8, 2023, after gardaí searched the house and found the gun and some ammunition. A further count of possessing the ammunition was taken into account, Lisa Dempsey BL, prosecuting, told the court.
Harte has a number of previous convictions dating back some years, with more recent convictions for road-traffic offences. He is the carer to his three children, the court heard.
Sentencing him on Tuesday, Judge Martin Nolan noted the firearm in question was “operative and lethal” and could have been used.
In relation to the explanation proffered by Harte that he needed it because he was under threat, the judge noted that gardaí could not say whether this was true or untrue.
He noted a number of references were before the court in support of Harte, including a “petition-type reference”, the judge said.
The court heard Harte owned a shop which had come under attack.
The maximum sentence for possession of a firearm is 14 years, with a mandatory minimum sentence of five years. The judge said he could depart from the mandatory minimum when there are exceptional circumstances.
He accepted Harte had the gun “for defensive purposes” and that he and his family members had been threatened.
He noted Harte was not holding it for other people to shoot somebody.
The judge said he had come to the conclusion it would be unjust to jail Harte and he set a sentence of five years, which he suspended in full on a number of conditions.
Harte’s supporters cried in court when the sentence was handed down and Harte said, “thank you judge” a number of times.
