Timothy Fogarty’s airgun intimidation sentence reduced on appeal

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Timothy Fogarty’s sentence for air rifle intimidation was reduced by the Court of Appeal on 9 November 2015. The court substituted three years’ imprisonment, with the final 12 months suspended for two years following his release, on condition that he keep the peace and be of good behaviour.

On 16 October 2013, following a jury trial at Tipperary Circuit Court, Fogarty was convicted of having an air rifle in a public place intending to unlawfully intimidate another person, contrary to section 9(5) of the Firearms and Offensive Weapons Act 1990. His original sentence was four years’ imprisonment, with the final 12 months suspended for five years from release.

The offence occurred at Birdhill, Co Tipperary, on 20 June 2011. Fogarty drove across the road, stopped nearby and got out of his jeep before pointing an electric-powered air rifle at a woman approaching him. She screamed and ran towards her home. During a later Garda interview, he acknowledged meeting her that morning but denied pointing the rifle at her.

Fogarty appealed on the grounds that the sentencing judge had placed the offence too high in the available range and had given insufficient weight to psychological evidence. The Court of Appeal found that the momentary production of the rifle, involving no other criminality, placed the offending in the middle range.

The psychologists’ report placed his intellectual functioning at the borderline range of intellectual disability. While holding him responsible for his actions, the court found that his reduced culpability required mitigation. It also considered five course certificates and was impressed by his explanation of how the courses would help his reintegration and, in his view, reduce future offending. Sheehan J., sitting with Mahon J. and Edwards J., allowed the appeal.