DPP v McDonagh
| Jurisdiction | Ireland |
| Judge | Mr. Justice Edwards |
| Judgment Date | 29 April 2019 |
| Neutral Citation | [2019] IECA 127 |
| Docket Number | Record Number: 274CJA/18 |
| Court | Court of Appeal (Ireland) |
| Date | 29 April 2019 |
[2019] IECA 127
THE COURT OF APPEAL
Edwards J.
Birmingham P.
Edwards J.
Baker J.
Record Number: 274CJA/18
Sentencing – Violent disorder – Undue leniency – Applicant seeking review of sentences – Whether sentences were unduly lenient
Facts: An undue leniency review was brought at the behest of the applicant, the Director of Public Prosecutions, in respect of sentences imposed on the respondent, Mr McDonagh, on 12th October 2017, being a sentence of six years imprisonment on a count of violent disorder, contrary to s. 15 of the Non-Fatal Offences against the Person Act 1997, a sentence of three years imprisonment on a count of assault causing harm, contrary to s. 3 of the 1997 Act, and a sentence of three years imprisonment on a count of possession of an article contrary to s. 11 of the Firearms and Offensive Weapons Act 1990. All sentences were to run concurrently and were suspended in their entirety subject to the respondent acknowledging himself bound to the people of Ireland in the sum of €100, the conditions being that he would keep the peace and be of good behaviour for a period of five years.
Held by the Court of Appeal that the decisions made by the sentencing judge were within his legitimate range of discretion. The ultimate sentences were undoubtedly very lenient but the Court was not satisfied that they were so lenient as to represent a clear and significant departure from the norm. The Court held that the judge approached the matter with great care and conscientiousness. The Court found no error of principle in the judge’s approach.
The Court held that the application of the Director of Public Prosecutions would be dismissed.
Appeal dismissed.
This is an undue leniency review brought at the behest of the Director of Public Prosecutions in respect of sentences imposed on the respondent on 12th October 2017, being a sentence of six years imprisonment on Count No 1 which was a count of violent disorder, contrary to s. 15 of the Non-Fatal Offences against the Person Act 1997, a sentence of three years imprisonment on Count No 3 which was a count of assault causing harm, contrary to s. 3 of the Non-Fatal Offences against the Person Act 1997, and a sentence of three years imprisonment on Count No 6, which was a count of possession of an article contrary to s. 11 of the Firearms and Offensive Weapons Act 1990. All sentences were to run concurrently and were suspended in their entirety subject to the respondent acknowledging himself bound to the people of Ireland in the sum of €100, the conditions being that he would keep the peace and be of good behaviour for a period of five years.
The facts of the case were set out in the evidence of Sgt James Mangan who testified before the sentencing court on 10th October 2017. This was in circumstances where the respondent was co-accused with three other persons. The respondent and two of his co-accused had contested a trial and had been convicted by a jury. The other co-accused had pleaded guilty and was awaiting sentencing. Sgt Mangan told the court that the events giving rise to the charges had occurred on 16th May 2016. The respondent in this matter is Mr Martin McDonagh of The Big Isle, Manorcunningham, Letterkenny, Co Donegal, who was born on 12th July 1985. His co-accused were all his brothers.
The injured parties in the matter were Mr Thomas McDonagh of 55A Ormonds Court, Bristol, England who was born on 24th April 1991 and Mr Martin McDonagh of 29 Speyside Court, Orton, Southgate, Peterborough, England, who was born on 10th August 1984. In circumstances where both the respondent and one of the injured parties share the same name they may be referred to for convenience as Martin “Tash” McDonagh in the case of the respondent, and Martin “Screech” McDonagh in the case of the relevant injured party.
The background to the incident in which the offences were committed was a long standing feud between two branches of the extended McDonagh family who are known in the Donegal area as the Black McDonagh's. Although the four accused lived in Donegal and the injured parties lived in England, both the accused and the injured parties had a common grandfather namely Martin Frank “Red Breast” McDonagh. The occasion on which the offences occurred was the funeral of Martin Frank “Red Breast” McDonagh, which was due to take place on 16th May 2016 in the church at Ballyhaunis, Co Mayo.
The evidence was that on the morning of the funeral the injured party, Martin Screech McDonagh, accompanied by his wife Ellie, and by his brother Thomas and his wife Helena, was driving his Volkswagen Sharan, Reg number 04–LS–2114 in the direction of Ballyhaunis when an oncoming vehicle, namely a Ford Galaxy driven by the respondent, Martin Tash McDonagh, and in which his three co-accused brothers were also passengers, collided head-on with the vehicle being driven by Martin Screech McDonagh.
Martin Screech McDonagh and his brother, Thomas, immediately exited their vehicle and fled. They were pursued by the respondent and his three brothers who were armed with various weapons. Specifically, the respondent was said to have been in possession of a machete or bill hook (giving rise to Count No 6), while another member of the attacking group was said to have been in possession of a baseball bat. The pursuing group caught up with those that were fleeing and set upon them. Both Martin Screech McDonagh and Thomas McDonagh suffered significant injuries in this attack. The respondent was not charged with specifically assaulting Thomas McDonagh, although he was charged with participating in the violent disorder in the course of which both Thomas McDonagh and Martin Screech McDonagh were assaulted and suffered their injuries. The respondent was however charged with specifically assaulting Martin Screech McDonagh causing him harm. This was the subject matter of Count No 3.
The sentencing court received victim impact statements from both injured parties as well as from Mrs Ellie McDonagh and Mrs Helena McDonagh and these were read into the record, I should say, in the court below and were fully taken into account by the sentencing judge. Fortunately for the respondent, Martin screech McDonagh, has at this stage fully recovered from his injuries while Thomas McDonagh has largely recovered from his injuries. It requires to be emphasised once again that the respondent was not charged with specifically causing harm to Thomas McDonagh, although he did engage in the violent disorder in the course of which Thomas McDonagh was assaulted.
The sentencing court heard that the respondent, Martin ‘Tash’ McDonagh, had 25 previous convictions, which were comprised of offences involving thefts, obstructing a peace officer, false imprisonment, dangerous driving, trespassing on a building, threatening to kill or cause serious harm, criminal damage, assorted public order matters, assault, assault causing harm and possession of knives and other articles. Clearly the most significant of these were the previous convictions for assaults and for possession of weapons. The details of these convictions were as follows: he was sentenced to one year's imprisonment on 31st October 2008 for...
To continue reading
Request your trial