Man who claimed it was 'just a joke' to put knife to delivery driver's throat loses appeal

Man who claimed it was ‘just a joke’ to put knife to delivery driver’s throat loses appeal

A father-of-three who was ‘out of his thoughts’ and claimed it was ‘only a joke’ when he put a knife to a pizza supply driver’s throat has did not attraction his sentence three years in jail.

Patrick Maughan (23) of Poddle Shut, Kimmage, Dublin 6, pleaded responsible and was sentenced by Dublin Circuit Felony Court docket in January 2021 to 5 years suspended for 2 years for theft from his handle on February 13, 2018 A separate cost of manufacturing one merchandise, a 15-inch bread knife, was thought of.

In her sentencing of Maughan, Choose Melanie Greally mentioned it was a “very critical” incident which Maughan didn’t appear to view as such. She mentioned she “did not know” how Maughan may suppose her actions weren’t critical.

“If it was some type of joke, then it was actually a really, very sick joke,” Choose Greally mentioned when sentencing Maughan.

The court docket heard Maughan’s household have been “disgusted” by his actions and kicked him out of the home.

Maughan informed gardaí in an interview that the incident “was only a joke” and mentioned he thought the driving force would know he was “screwing round”.

On the time of the incident, Maughan had no prior convictions. Nevertheless, in the course of the course of the case he was commonly delivered to the eye of the gardaí and was convicted for producing an article throughout litigation, prison injury and breach of a safety order.

On Tuesday within the Court docket of Attraction, Luigi Rea BL, for the claimant, appealed the severity of Maughan’s sentence of 5 years with the ultimate two years suspended.

Mr Rea mentioned the breach was each ‘unlucky and critical’ and his shopper discovered himself a ‘deserved candidate for prosecution’. The lawyer mentioned Maughan had been ingesting on him on the time of the incident with the supply driver.

Mr Rea mentioned that on the time the court docket heard the case, which was repeatedly adjourned so Maughan may ‘stabilise’, Maughan’s spouse was anticipating twins. The lawyer mentioned his shopper was “simply not prepared for something”.

The lawyer mentioned when his shopper dedicated the opposite offenses he grew to become “his personal worst enemy”.

Mrs Justice John Edwards, who presides over the three-judge tribunal, mentioned the trial choose had been ‘not unsympathetic’ to Maughan however had ‘erratic’ attendance at probation companies throughout adjournments, which was “very unsatisfactory”.

Mr Rea mentioned Maughan had the help of his household, who attended his hearings, and the knife was “extra produced than used”. He mentioned sentencing was “extra artwork than science” and requested for a discount to permit Maughan to reconnect along with his household and kids. He prompt that the sentence be a two-year jail time period with three years suspended.

“The unlucky supply man was terrified and traumatized,” mentioned Choose Edwards, who mentioned Maughan was “out of his thoughts” that night time.

Derek Cooney BL, for the state, mentioned the supply driver believed he was going to have his throat lower and that calls for for cash have been made by Maughan to the sufferer earlier than the caller’s household paid the driving force .

The lawyer mentioned the choose had given Maughan possibilities to recuperate by participating with companies, however Maughan had come below “fixed” consideration from the gardaí.

Mr Cooney mentioned Maughan had not taken benefit of the alternatives out there to him and that an preliminary probation report put him at “medium threat” of re-offending, whereas a follow-up report then rated him at ” excessive threat”.

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Mr Cooney mentioned the trial choose had finished “all the things attainable to assist” Maughan.

In dismissing the attraction, Choose Patrick McCarthy mentioned Maughan’s subsequent offense was not utilized by the choose as an aggravating issue, however reasonably as one that would ‘dilute’ the mitigation within the case .

Choose McCarthy mentioned the trial choose appropriately recognized seven years’ imprisonment as the first sentence earlier than contemplating Maughan’s early responsible plea as mitigation.

He mentioned the sentence was ‘effectively balanced’ in a case the place a bread knife was held to the throat of a ‘hardworking citizen going about his enterprise, placing him in concern and misery’.

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