Courts / Cork / Report
Addict "stormed into" restaurant and threatened owner
Summary
The Court of Appeal has dismissed an appeal against sentence lodged by Paul McCarthy, a 40-year-old man from Cork city. McCarthy had previously pleaded not guilty to charges of making a threat to kill or cause serious harm and producing a broken bottle to intimidate someone at N Square restaurant on Camden Quay on December 6, 2014. He was found guilty by a jury at Cork Circuit Criminal Court and sentenced to six years' imprisonment, with the final 18 months suspended, by Judge Gerard O'Brien on May 5, 2016. In its judgment, the Court of Appeal, comprising Mr Justice John Edwards, Mr Justice George Birmingham, and Mr Justice Alan Mahon, found no error in principle in the original sentence. The court noted that McCarthy allegedly stormed into the restaurant with a woman, knocking over table settings and making racist remarks. When the owner, Nabil Cherif, retrieved a box of beer, bottles broke, and McCarthy allegedly picked up a shard, made a punching motion, and threatened Cherif's life. The court highlighted aggravating factors, including the use of a weapon, the xenophobic nature of the threats, and the impact on the victim. It also noted McCarthy's history of 129 previous convictions and long-standing substance abuse issues. Consequently, the appeal was dismissed, and the original sentence stands.
Who, what, where, when and why
What: Report matter: Addict "stormed into" restaurant and threatened owner. Charges or matters: making a threat to kill or cause serious harm and producing of a broken bottle to intimidate someone at N Square restaurant on Camden Quay in the city on December 6, 2014. Procedural stage: appeal. Findings: Found guilty
When:
- December 6, 2014 Hearing Or Sentence
- May 5, 2016 Hearing Or Sentence
- 2017-04-25 Publication
Case subjects
Appellant
Charges: making a threat to kill or cause serious harm and producing of a broken bottle to intimidate someone at N Square restaurant on Camden Quay in the city on December 6, 2014 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a jury at Cork Circuit Criminal Court and sentenced to six years imprisonment with the final 18 months suspended by Judge Gerard O'Brien on May 5, 2016. McCarthy had an appeal against sentence dismissed today with the Court of Appeal unable to find an error in principle in the sentence.
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