A man described as having had "an appalling Oliver Twist-Fagin-type upbringing" was ordered by the Court of Criminal Appeal yesterday to serve an additional two-year prison sentence when his current prison sentence ends.
Richard McDonagh (22), Inishannagh Park, Galway, pleaded guilty at Galway Circuit Court in January last year to stealing from a retired teacher, Ms Ann Pyne, Clifton Park, Newcastle, Galway, near her home on October 19th, 2000.
McDonagh, who is already serving two years for other offences, was ordered to serve a further four-year term to begin at the expiration of the previous sentence. That four-year term was suspended on condition that he obeyed the directions of the probation and welfare service for the period he was under suspension.
The DPP appealed against the suspension, claiming it was unduly lenient.
Giving the decision of the Court of Criminal Appeal yesterday, the Chief Justice, Mr Justice Keane, said Ms Pyne had made a statement that she had withdrawn £200 from an ATM and went to visit a friend. She was returning to her car when another car reversed at high speed towards her.
She recognised McDonagh, who grabbed her handbag which was twisted around her wrist. The car took off at speed and dragged her along with it for 52 yards.
"I held on to the door of the car to keep from falling . . . The tops of my shoes were hitting off the road as we went along." When she let go, she fractured her left shoulder while both knees and her right hand were cut. She had to undergo surgery.
Mr Justice Keane said it was not surprising, given the nature of the offence, the violence inflicted, the terror to Ms Pyne and the physical injuries she sustained that the trial judge indicated he was considering a four-year sentence, particularly as McDonagh had a series of previous convictions.
However, the trial judge thought there might be some prospect of rehabilitation and that it would serve no useful purpose to incarcerate McDonagh for six years, which would have been the effect of the sentence. The judge was bearing in mind that McDonagh had had an appalling upbringing and a Garda witness had fairly he had been "dragged up". The trial judge believed he should get a chance.
The Court of Criminal Appeal believed there was no ground for not imposing an effective custodial sentence in this case, instead of an ineffective one, the Chief Justice said. It believed the sentence to be unduly lenient and would quash the suspended sentence and impose the four-year prison term with the last two years suspended.