The Court of Appeal has upheld Michael McMahon’s sentence for the false imprisonment of Sean and Emer Lavelle during a violent attack at their home on Achill Island.
McMahon had pleaded guilty and received 12 years’ imprisonment, with the final three years suspended for five years. His appeal was confined to one issue: whether the sentencing judge should have reduced the punishment further because McMahon had offered compensation.
The attack happened on February 14, 2010. The Lavelles returned home at about 8.30pm to find two masked men in dark boiler suits waiting inside.
Sean Lavelle was taken to a bedroom, bound with duct tape and struck on his shins with a nail bar and on his hands several times. Emer Lavelle was also tied up, including around her arms, mouth and legs. During the ordeal, Mr Lavelle was accused of interfering with girls, warned against doing so and told to leave the island.
The attackers escaped by car but a suspicious neighbour followed the vehicle and kept Gardaí informed of its movements. Gardaí stopped it and arrested McMahon and his brother, who has since died.
The sentencing court heard that both victims suffered substantial and continuing psychological effects. Mr Lavelle said he was unable to settle in his home and feared sleeping at night. Mrs Lavelle said she had to stop working temporarily, lost confidence and required psychological therapy.
McMahon had offered €5,000 compensation with a promise of another €15,000 within a week. The offer was refused.
The Court of Appeal accepted that compensation can sometimes mitigate sentence, but held that it does not automatically require a reduction. In this case, the court said the offer was outweighed by McMahon’s failure to give the victims any meaningful explanation for why they were targeted.
The court found no injustice in the sentence and dismissed the appeal.