A serial offender who was originally charged with an attempted murder on the day his daughter was born but pleaded guilty to a lesser firearms offence has been jailed by a Central Criminal Court judge for inflicting “abject terror” on his victim.
William Duffy (40) with an address at Park Green, Coulter Place, Dundalk, Co Louth, pleaded guilty in July to discharging a firearm, being reckless as to whether any person would be injured, at around 11pm on May 28th, 2019, at Marian Park in Dundalk. Four hours before the incident, the court heard, Duffy was seen on CCTV leaving the hospital in Dundalk before eventually arriving at Marian Park.
Last month, Duffy was allowed to briefly address Ms Justice Caroline Biggs and pledged to “never” come before the courts again if “given a chance”.
At Duffy’s sentence hearing, Seamus Clarke SC, prosecuting, said Duffy had pleaded guilty to the reckless discharge of a weapon towards Keith Shields, who left a house in the area at around 11pm on the night before walking through Marian Park on his way home.
At the Central Criminal Court on Monday, Ms Justice Biggs jailed Duffy for three years and six months with the final nine months suspended for what she described as causing “abject terror” to Mr Shields.
Ms Justice Biggs said that although Duffy’s DNA was found on shell casings recovered from the park, he had originally denied all involvement in the discharge of the weapon before entering a guilty plea on his trial date.
The judge said Duffy believed that Mr Shields had treated his partner and children “very poorly” but that there was no evidence to support this belief and no charges had been brought against Mr Shields.
Ms Justice Biggs said Duffy had 42 previous convictions with 30 of those recorded in England.
The judge said Duffy had convictions for affray, burglary, threatening or abusive behaviour, drunkenness, road traffic offences, theft and assault.
An assessment of Duffy reported that he was not at a high risk of recidivism and that he exhibited genuine remorse, shame, an acceptance of wrongdoing and had an insight into his offending, said the judge.
Ms Justice Biggs noted that Duffy had been coaching boxing in the community in Dundalk for a period of 18 months, had the promise of work and had a positive prison governor’s report.
The judge said the “planned event” of the night was evinced by Duffy being a passenger in the car after he obtained a gun, a scarf and a hoodie, which were used to disguise himself.
Ms Justice Biggs said Mr Shields had been “followed” on the night by Duffy and that shots were twice fired in his direction to “scare or terrify” Mr Shields.
“The reason put forward by Mr Duffy was that a family was at risk where he himself had a rough childhood – a form of rough justice,” said Ms Justice Biggs. The judge said she was taking into account that there was “no evidence that this was gangland activity, nor gang-related activity involving drugs”, which would have been an aggravating factor.
Ms Justice Biggs said the maximum penalty for the discharge of the firearm was seven years but placed the offence at the upper end of the middle range, which resulted in a pre-mitigation sentence of four years and eight months.
Ms Justice Biggs said Duffy qualified for a discount of 25 per cent due to “significant” mitigating factors, leaving three years and six months to be served.
Ms Justice Biggs said she would reduce the remaining three years and six months by suspending nine months to incentivise Duffy towards his rehabilitation, in light of his expression to no longer use alcohol or drugs.
Madeleine Grant BL, for the State, said a withdrawing ‘nolle prosequi’ could be entered on the attempted murder charge.