4 more years for burglar who attacked woman, 97

A recidivist burglar who assaulted and threatened to kill a 97-year-old woman in her home has had his six-year jail term increased by four years after a successful appeal by the DPP.

After gaining access to the victim’s home by offering to tidy her gardens, Paul McDonagh, 43, held his hand over the elderly woman’s mouth with such force that it cut her lip and he repeatedly told her he was going to kill her. He then fled with the woman’s purse.

In Dec 2011, McDonagh was sentenced to nine years with three years suspended by Judge Martin Nolan at Dublin Circuit Criminal Court after pleading guilty to making threats to kill, assault of the woman causing harm and burglary of her home in Marino, Dublin, on Jun 8, 2010.

Chief Justice Susan Denham yesterday said the Court of Criminal Appeal was of the view the offence was of the “utmost gravity”, and noted McDonagh had 26 previous convictions for burglary and had served a 12-year sentence in Britain for a similar offence.

She said McDonagh’s offending in light of his previous convictions presented a “very serious situation” and the court was of the view that the sentence imposed was a “substantial departure” from what could be regarded as appropriate.

Chief Justice Denham said the court would sentence McDonagh to 12 years’ imprisonment, but would suspend the last two years on condition he be of good behaviour and co-operate with a management plan while in prison.

Counsel for the DPP, Shane Costelloe BL, told the court Judge Nolan had essentially been “unduly influenced” by the slight mitigating factors in favour of McDonagh and had lost sight of the “appalling forensic history” of the respondent, who had engaged in similar offending over most of his life.

Of McDonagh’s 48 previous convictions Mr Costelloe said, 26 were for burglary where the substantive offence involved finding an elderly lady living on her own and burglarising her home, while prior to this offence, McDonagh had been jailed for 12 years in the UK for breaking in to a woman’s home, tying her up and assaulting her.

Mr Costelloe said McDonagh’s plea of guilty had came only after his elderly victim had given a deposition at the District Court.