This article is from page 2 of the 2012-05-15 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 2 JPG
A MAN who carried out a “vicious assault” on his brother with a hatchet has received a prison sentence.
James McDonagh (38), with an address at bay six Ballymurtagh, Shannon, attacked Michael McDonagh at the rear of their father’s home at the Ballymurtagh halting site on August 31 (2011). Half of Michael McDonagh’s left ear was severed in the assault while the father of four also suffered injuries to his scalp and abdomen. He spent four days in hospital receiving treatment for his injuries.
A jury found James McDonagh guilty of assault causing harm and possession of a hatchet earlier this month.
He was sentenced to five years in prison for assault and three years for possession of the hatchet. The final year of the sentence was suspended. The sentences are to be served on a concurrent basis.
Judge Gerald Keyes said James McDonagh, who has 97 previous convictions, has an “appalling record.”
He added, “Since your conviction on those charges you have not shown any sign of remorse.”
Referring to Michael McDonagh’s victim impact statement, Judge Keyes said the family are in fear of their lives. Judge Keyes added, “The information would suggest that you are a danger to society, to your brother, your family and extended family.”
He noted that James McDonagh had shown signs recently that he is willing to improve his behaviour by completing a relapse prevention programme while in prison
He added, “There is a letter from the Governor of Limerick prison, which I’m told is unusual, that supports the view that at this late stage you have decided to change your ways.”
Judge Keyes also noted Michael McDonagh’s request for any sentence to include some element of rehabilitation for his brother.
He suspended the final year of the sentence on condition that James McDonagh keep the peace for two years and enter a programme under the supervision of the probation and welfare services.
James McDonagh was ordered to not come within 500 yards of the Ballymurtagh halting site and to not approach Michael McDonagh or his family without first getting the permission of gardaí.
Judge Keyes ordered James McDonagh to abstain from the consumption of alcohol and drugs.
He said the fact that the offence had been committed shortly after James McDonagh had been released from prison was an “aggravating factor” in the case.
He added, “The severity of the attack on this man justifies the sentence.” A we e k o f c lo u d a n d b u rst s o f su n sh in e . Th u rsd a y w ill p ro b a b ly b e t h e wo rst d a y. Ne xt we e k lo o ks sim ila r e a rly in t h e we e k, b u t n o h e a t wa ve o n t h e h o rizo n .