Man who threatened to shoot garda and spat blood in patrol car has jail term overturned on appeal
McDonagh had pleaded not guilty in the District Court to four charges including failure to comply with a garda member under section 8 of the Criminal Justice (Public Order) Act, 1994, obstruction of a peace officer under section 19 of the act and threatening and abusive behaviour under section 6 of the same act.
He also faced a charge for the criminal damage of a garda car under section 2(1) of the Criminal Damage Act 1991. He was convicted of all four charges and given a sentence of six months in custody, a term against which he later appealed.
Garda Pierce O'Dwyer told the District Court Appeals Court on Monday that he responded to a call at St Margaret's Park in Ballymun on May 12, 2023.
He said that gardaí were surrounded by ten to 12 men who were demanding that they leave and were acting aggressively.
Garda O'Dwyer said that McDonagh was 'extremely aggressive from the start' and shouted a number of threats at him, including that he knew where he lived and that he would shoot him.
He said that McDonagh sprayed him twice with a bottle of Lucozade and continued to be aggressive with him.
Garda O'Dwyer said that McDonagh was arrested, handcuffed and conveyed to a garda station, where his aggressive behaviour continued and he spat blood in a garda car, resulting in a cleaning fee of 52 euro.
Defence counsel for McDonagh, Paul Larkin Coyle BL, said his client now accepts that his behaviour was totally unacceptable and was appealing the case on the severity of his sentence only.
Mr Coyle said McDonagh was 'begging for a chance' so that he can be present for his children and that his client made an apology to the garda and the court for his behaviour.
Mr Larkin said that McDonagh's pregnant wife was in hospital at the time of the incident, and McDonagh 'got lost in the emotion of it' and 'totally lost the head'.
He said that his client is now the father of twins, understands the error of his ways and has removed himself from a situation where he was getting in trouble.
The court heard that McDonagh has 22 previous convictions, including incidents of theft, criminal damage and the possession of a knife.
Judge Christopher Callan said that McDonagh's actions were serious and it was 'difficult to see how the court can have much sympathy for him' after he threatened to shoot a garda and behaved aggressively.
Judge Callan said that the job of a garda in this day and age is very difficult and what McDonagh did 'does not make it easy'.
He said that what McDonagh did to the garda was 'completely unacceptable' but it does appear that he is turning a corner in his life since the incident.
Judge Callan decided to suspend McDonagh's six month sentence for a period of two years on the condition that he keeps the peace, engages with the probation services and provides a donation of 500 euro to the Capuchin Day Centre.
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