The Court of Appeal has upheld Martin McDonagh's seven-year sentence for a Waterford burglary in which a visually impaired man was pushed to the ground outside his home, suffered two broken ribs and had his mobile phone stolen.
Frank Dineen was returning to 26 Stephen Street, Waterford, at about 10.25am on 14 August 2018 when McDonagh approached from behind as he placed his key in the front door. The court recorded that McDonagh pushed him down, forced his way into the house and took an iPhone from a table near the entrance.
Dineen, who was registered blind at the time and used a white cane, left the house because he feared for his safety. A neighbour found him distressed and called Gardaí. CCTV helped identify McDonagh later that day and Dineen's phone was recovered when he was searched after arrest.
The court heard that Dineen remained nervous and anxious in his home and stopped taking his small dog for walks, an activity he had previously enjoyed.
McDonagh pleaded guilty at Waterford Circuit Court in October 2019 to burglary and assault causing harm. The trial judge set headline sentences of nine years for the burglary and three-and-a-half years for the assault. After mitigation, sentences of seven years and two-and-a-half years respectively were imposed concurrently. They were to begin after another sentence expired in December 2020.
On appeal, McDonagh argued principally that the burglary had been placed too high on the scale of seriousness and that greater allowance should have been made for mitigation and rehabilitation.
The Court of Appeal disagreed. It pointed to the victim's vulnerability, the forced entry into his home, physical injury and continuing psychological effects. It also found there was insufficient evidence of a real prospect of rehabilitation to require suspension of part of the term.
The court found no error of principle and dismissed the sentence appeal.