Man who assaulted ex-soldier has nine months of sentence suspended

A Longford man jailed for five years for an unprovoked attack on an ex-soldier, who died shortly afterwards, has succeeded in having nine months of his sentence suspended on appeal.

Martin McDonagh (aged 26) of Mostrim Oaks, Edgeworthstown, was unlawfully at large from Castlerea prison when he attacked Noel Keegan (aged 58) and his wife Marie Keegan in Longford town on New Year’s Eve 2009.

Mr Keegan, who had just undergone surgery for an enlarged heart, died after the assault.

The court heard that the State did not pursue a more serious charge against McDonagh as an autopsy indicated that Mr Keegan was predisposed to a heart attack and his death could not be said beyond a reasonable doubt to have been precipitated by the assault.

At Longford Circuit Criminal Court in December 2010, McDonagh pleaded guilty to two counts of assault causing harm against Noel and Marie Keegan and received concurrent sentences of five and three years.

Judge Michael White directed that the five-year term run consecutively to a four-year sentence handed down to McDonagh at Tullamore Circuit Court on April 4, 2009.

The Court of Criminal Appeal today suspended the final nine months of that term, having found that there was an error in principle in the sentence imposed.

Mr Justice Joseph Finnegan said McDonagh had perpetrated a “despicable” assault that was “very close, if not at the top end” of the scale of seriousness for assault causing harm.

However, he said the court had a difficulty with the sentence imposed, as it was “quite uncommon” for a defendant to be sentenced to the maximum sentence permissible.

Mr Justice Finnegan said it is always possible to envisage a more serious type of assault, and although the court agreed that the appropriate sentence was one at the “top end” of the scale, it did not concur that the maximum sentence of five years should have been imposed.

He said that a court is also required to have regard to the totality principle when determining sentence, and noted that the five-year term imposed on McDonagh was to run consecutively to another four-year sentence.

Mr Justice Finnegan said that, having regard to both of these factors and to McDonagh’s plea of guilty, the court determined that the final nine months of the five year sentence imposed should be suspended.

Noel Keegan and his wife were in Longford town to visit friends on New Year’s Eve 2009 when they were followed by Martin McDonagh and punched in an unprovoked attack.

The court heard evidence that McDonagh, who had failed to return to prison whilst out on temporary release, was warned that Noel Keegan had heart problems but punched him twice, ignoring entreaties from both his girlfriend and Marie McDonagh to leave the couple alone.