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Man who threatened to shoot garda and spat blood has jail term overturned on appeal
Summary
Thomas McDonagh, aged 23, was convicted in the District Court of four offences after threatening a Garda, acting aggressively, spraying Lucozade, and spitting blood in a patrol car. The offences were failure to comply with a Garda under the Criminal Justice (Public Order) Act 1994, obstruction of a peace officer under the same act, threatening and abusive behaviour under section 6, and criminal damage to a Garda vehicle under the Criminal Damage Act 1991. He received a six‑month custodial sentence, which he appealed. On appeal the District Court Appeals Court, presided over by Judge Christopher Callan, suspended the custodial term for two years. The suspended sentence is conditional on McDonagh keeping the peace, engaging with probation services, and donating €500 to the Capuchin Day Centre. The court noted his 22 prior convictions and his recent family circumstances, but upheld that his conduct was "completely unacceptable.". Thomas McDonagh pleaded not guilty.
Who, what, where, when and why
What: Report matter: Man who threatened to shoot garda and spat blood has jail term overturned on appeal. Charges or matters: all four charges and given a sentence of six months in custody, a term against which he later appealed. Procedural stage: sentence. Findings: Convicted
When:
- May 12, 2023 Hearing Or Sentence
- 2025-07-14 Publication
Case subjects
Defendant
Charges: all four charges and given a sentence of six months in custody, a term against which he later appealed (Proven)
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; 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. 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.
Places mentioned
- District Court Appeals Court
- St Margaret's Park
Topics
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