'Danger to society' who terrorised ex-partner and threatened to stab a man is resentenced
However, the court ruled that the cumulative sentences imposed on Scott Donegan (39) could not stand due to how they were structured by the sentencing judge, and he was resentenced on Thursday.
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Donegan, of Knockmore, Kilmilhil, Co Clare, pleaded guilty at Ennis Circuit Court to the false imprisonment of an ex-partner during a four-hour ordeal at his home on November 9th, 2022.
He also pleaded guilty to producing a knife at the same address on the same date, contrary to Section 11 of the Offensive Weapons and Firearms Act.
Detective Garda Donal Corkery told the Ennis court that Donegan took the mobile phone off the woman and forced her to sit in a chair 'where she was frozen out of fear due to the aggressive behaviour of Mr Donegan'.
Det Corkery stated that Donegan ran at the woman with a knife and put her in fear.
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The detective said Donegan then grabbed the woman by the throat and squeezed her windpipe. He said that Donegan told her that he had a Glock handgun and a shotgun.
Det Corkery said that four of Donegan's previous convictions were for assault against three ex-partners when Donegan went under the name of Paul McMenamy.
This incident was committed while Donegan was on bail for a separate matter, relating to a charge of making threats to kill on April 19th, 2021, when he verbally abused a man and threatened to stab him to death.
The total sentence imposed for all offences at the Circuit Criminal Court in Ennis in September 2023 was eight years and seven months, with the final nine months suspended.
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Judge Francis Comerford imposed 20 months for the offence of making threats to kill, with this sentence made consecutive to a sentence of 83 months for the false imprisonment and the production of a knife.
The Director of Public Prosecutions appealed this sentence, saying it was unduly lenient.
In delivering judgement on Thursday, Mr Justice John Edwards said the court did not fault the sentencing judge for regarding the false imprisonment offence as being the most serious offence, as the judge had carefully assessed the respondent's culpability in a careful and rigorous manner.
He said the sentencing judge was right in regarding the production of a knife as being an aggravating factor, as was the respondent's previous record.
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However, Mr Justice Edwards went on to say: 'The sentencing judge was significantly in error in how he structured his sentence.'
He said it was clear that, where an offender is being sentenced for an offence committed while on bail, the sentence imposed should be made consecutive to the sentence imposed for the previous offence.
Mr Justice Edwards said that the sentencing judge was required to make the sentences for false imprisonment and the production of a knife consecutive to any sentence imposed for the offence involving threats to kill.
However, the sentencing judge had instead made the sentence for threats to kill consecutive to the other sentences.
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He said that while the court found that the sentencing judge's failure to apply the statute correctly made no practical difference to the overall sentence, the sentences could not stand as presently structured.
He added that it did not follow, however, that the court regarded the overall sentence as unduly lenient.
Quashing the original sentence and moving on to resentencing, Mr Justice Edwards said that for the offence of making threats to kill, the court would nominate a headline sentence of 25 months and discount five months to reflect mitigation, leaving 20 months.
For the false imprisonment and the production of a knife, which were committed while the respondent was on bail, the court nominated a headline sentence of 10 years and five months and three years and four months, respectively.
Having considered mitigating factors, he reduced the sentences to six years and eleven months and 25 months respectively, to run concurrently. Mr Justice Edwards said this was to be consecutive to the 20 months for the offence of making threats to kill.
Mr Justice Edwards said the court would suspend the final nine months, making a cumulative sentence of seven years and ten months to be served.
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Conditions of the suspended portion of the sentence are that Donegan is to keep the peace for three years post release, have no contact with the injured parties, and submit to supervision by the probation services.
In her victim impact statement, the Co Clare woman told the court that Scott Donegan 'is a danger to society, and he has scarred and damaged me for life'.
The woman said that Donegan imposed 'a reign of terror' on her during the four-hour ordeal despite her begging him to stop.
She said, 'I believed that I would be killed by him and never see my children or family again.'
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