'Vulnerable' mother caught with firearms arsenal 'secreted' under stairs gets four years

Alison O'Riordan

A "vulnerable" mother and cancer survivor who was caught with an arsenal of weapons "secreted" under the stairs of her home has been jailed by the Special Criminal Court for four years.

Lawyers for defendant Sarah Jane Byrne had previously suggested that any custodial sentence should be "as short as possible".

However, presiding judge Ms Justice Karen O'Connor said on Monday that there had to be "a deterrent element", and that society must be protected from weapons of brutality, intimidation and fear, where lives are put at risk and families destroyed.

Last month, barristers for Byrne (37) and her co-accused Jamie Moss (22) asked the three-judge court to be as lenient as possible given that both pleaded guilty and are considered at low risk of reoffending, while neither have any previous convictions.

Michael Bowman SC, for Byrne, had said at that sentence hearing that his client was a vulnerable young woman with mental health and addiction problems who had previously been subjected to domestic abuse.

She stored firearms to help pay off a debt to drug dealers, counsel said, but since her arrest has "overcome the difficulties in her life", despite being branded a 'rat' by members of her community.

Last month, Detective Garda Emma Ryan told Tessa White BL, for the Director of Public Prosecutions, that as part of a garda operation, members of the Emergency Response Unit stopped a grey Ford Focus on the Old Navan Road in Blanchardstown on February 16th last year.

Moss was driving the car, while Byrne was in the passenger seat. In the passenger footwell, gardaí found a Makarov pistol and ammunition wrapped in cling film, inside a plastic bag.

Gardaí searched Byrne's house later that day, where they discovered a hole in the plasterboard of her bedroom. Inside was a small plastic container with 27 rounds of 9mm Luger ammunition. Under the stairs, they found a shopping bag containing a sub-machine gun and a shotgun.

Before delivering sentence on Monday, Ms Justice O'Connor said that while the semi-automatic pistol found in the passenger footwell of the vehicle was fully loaded, the ammunition in the chamber was incompatible with the firearm.

The judge said significant firearms "of the most serious type" were found "secreted" in Byrne's home, weapons which can have a catastrophic impact on communities. She noted that Byrne's DNA was found on the black bag wrapping on the firearms.

The judge said the aggravating factors in Byrne's case included the nature and quality of the ammunition and weapons found in the vehicle and her house. The judge referred to the lethal nature - both intentionally and potentially - of firearms in communities, which are used to kill, maim, intimidate and destroy lives.

In mitigation, the judge noted that Byrne had cooperated and made full admissions during her detention. She also referred to the difficult challenges the woman had faced in her life.

Ms Justice O'Connor said the defendant was the mother of a young child and had a long history of drug addiction. She said the court had received evidence that Byrne's drug addiction resulted in her being compelled to leave the family home.

She noted that Byrne had also been involved in an abusive relationship. She said the defendant has a strong network of support and that the court had heard about her ongoing rehabilitation.

Ms Justice O'Connor said that Byrne was also in remission from cancer. She said the court had also received a letter from the defendant, where she referenced having experienced domestic violence and coercive control, as well as her addiction to drugs and the impact of a drug debt.

The judge set a headline sentence for Byrne on counts three and four - possession of the 9mm Makarov semi-automatic pistol and ammunition - at seven years and six months. Having considered the mitigation and the guilty plea, the judge imposed a sentence of four years imprisonment for that offence.

Byrne was also sentenced to four years and four months imprisonment, with the final 12 months suspended, for possession of the shotgun and submachine gun found in her home. Both sentences are to run concurrently.

Moss

Referring to Moss, Ms Justice O'Connor said he had an impressive work history, had completed an apprenticeship in carpentry and was held in high esteem by his employer, who said he possessed qualities of honesty, reliability and dedication.

The judge said Moss was an important person in the lives of many people and that his behaviour had been described as out of character.

The judge said both Moss and Byrne had been caught red-handed and called the offences "very serious cases".

The headline sentence for Moss was set at seven years. The judge said on foot of his guilty plea, she would have imposed a sentence of four years and eight months. However, taking mitigation into account, the judge sentenced Moss to three years and eight months in prison, with the final 20 months suspended for a period of three years.

Byrne, of Mangorton Road, Drimnagh, Dublin 12, pleaded guilty to five offences earlier this year.

Byrne pleaded guilty that on February 16th, 2024, at Old Navan Road in Blanchardstown, Dublin 15, she had in her possession or under control a 9mm Makarov semi-automatic pistol and ammunition in circumstances giving rise to a reasonable inference she did not have them for a lawful purpose.

On the same date, at her home address, she pleaded guilty to similar charges relating to possession of 27 rounds of Luger 9mm ammunition, a 12-gauge "over and under" sawn-off Beretta shotgun, and a Tokarev submachine gun.

Moss, of Meadowview, Ballyfermot, D10, pleaded guilty to a charge that on the same date on the Old Navan Road, he had in his possession and control the 9mm Makarov calibre semi-automatic pistol. On the same date, at the same address, he pleaded guilty to having in his possession a 9mm Makarov Sellier and Bellot round of ammunition.

Sentence hearing

Byrne made full admissions during her garda interviews, Det Gda Ryan told her sentencing hearing. Neither defendant had any previous convictions, nor had they come to the adverse attention of gardaí prior to or since this offence, she said.

Det Gda Ryan agreed with Mr Bowman that during her interviews, Byrne was "exceptionally remorseful and distressed" and presented as a "vulnerable" woman who was appalled at her own behaviour. The garda further agreed that Byrne did not stand to gain from possession of the firearms other than the suggestion that she might enjoy some debt forgiveness.

Byrne has been branded a "rat", a "stigma that has a difficult association in the community," the detective said.

Mr Bowman said Byrne has had a difficult life, with childhood trauma and addiction issues. Prior to this offence, she had overcome her addiction but relapsed after a cancer diagnosis. She was "exploited" due to her vulnerabilities, Mr Bowman said, and when told to hold the firearms, she agreed.

She accepted that she committed a serious offence and has engaged fully with probation services, is overcoming her various health problems and is considered at a low risk of reoffending, Mr Bowman said. She is determined to continue her rehabilitation for her sake and for her daughter, said counsel.

Mr Bowman suggested that if the court must impose a custodial sentence, it should be "as short as possible".

Seamus Clarke SC, for Moss, said his client has recently completed his apprenticeship as a carpenter and was described in testimonials handed into court as a hard-working, respected member of his community.

The defendants' families had burst into tears when the judge announced that she was remanding both in custody for sentencing.