Courts / Roscommon / Report

Man sentenced for threats to kill Castlerea gardai just days after death of Colm Horkan

Date
2022-04-07

Stage
Appeal

Primary locality
Castlerea

Summary

A man has appealed his six-year sentence imposed in June 2020 for threatening to kill gardai at Castlerea garda station in County Roscommon. The appellant pleaded guilty to criminal damage, production of an offensive weapon, and making threats to gardai. He was arrested on 10 October 2019 following an incident at Four Mile House where he damaged windows at a property. The original sentencing imposed concurrent three-year and two-year terms for the criminal damage and weapon offences, with a four-and-a-half-year sentence for the threats to run consecutively, resulting in a total custodial term of six years and three months. The appeal contends the sentence was excessive and that the threat count should not have been imposed consecutively as it formed part of the same transaction. The Director of Public Prosecutions argued the sentence appropriately reflected the need to protect gardai and respect property rights. The Court of Appeal has reserved judgement.

Who, what, where, when and why

What: Report matter: Man sentenced for threats to kill Castlerea gardai just days after death of Colm Horkan. Charges or matters: one count of criminal damage, contrary to the Criminal Damage Act 1991; one count of production of an article capable of inflicting serious injury, contrary to the Firearms and Offensive Weapons Act 1990; and one count making threats, contrary to Section 5 of the Non-Fatal Offences against the Person Act 1997. Procedural stage: appeal

When:

October 10, 2019 Incident
June 26, 2020 Hearing Or Sentence
June 17, 2020 Other
June 2020 Other
2022-04-07 Publication

Why: " "Feelings were high at the time (of the sentencing) because on the 17th of June, the late Garda Horgan had been shot," Mr Dockery added. CNI source report

Case subjects

Unnamed man

Appellant

Charges: one count of criminal damage, contrary to the Criminal Damage Act 1991; one count of production of an article capable of inflicting serious injury, contrary to the Firearms and Offensive Weapons Act 1990; and one count making threats, contrary to Section 5 of the Non-Fatal Offences against the Person Act 1997 (Admitted)

Plea: Guilty

Outcome: A man who man threatened to kill gardai stationed at Castlerea was jailed for six years days after their colleague Garda Colm Horkan was shot dead in the line of duty, the Court of Appeal was told today. However, when Judge Comerford sentenced Gavigan to four years and six months, with the final 15 months suspended, for the making threats count, he ordered that this term would begin on completion of the previous sentences – meaning the accused would serve a total of six years and three months for the offences.