Repeat offender before court for €5,083 in criminal damages

On Sunday, March 12th 2023, between 8 pm and 9 pm, Joseph McDonagh from 75 Oaklands, Carrick on Shannon was arrested after causing an estimated €5,083 worth of damage by kicking the wing mirrors off cars and breaking a shop-front window.

McDonagh (23), who has 27 previous convictions—with 11 for criminal damage—has long struggled with alcohol, his defense solicitor, Martin J. Burke, argued in court on Feb.18.

The incident unfolded after he was told to leave an off-licensed premises, intoxicated the 23-year-old, known for his long criminal history, begin "kicking the wing mirrors off" 12 cars. He appeared in CCTV footage committing the acts of vandalism across multiple locations, including Main Street, Priest Lane, and St. Patrick’s Park, and breaking a shop window at Eclipse Hair.

"With this young man, the lift only stops at one level, whether it's one drink or one substance or whatever, he can't cope with it and it doesn't work for him," Burke said.

Despite completing a rehabilitation program in 2021, McDonagh's repeated offenses indicate that his battle with alcohol is far from over. During his testimony, McDonagh admitted he has his last drink 3 weeks ago.

"I have no recollection of the night, but I'm guilty of all the charges. I am truly sorry for what happened."

McDonagh who supports two young children, both under the age of two-years-old, told the judge he has a weekly income of just €150. Burke said his financial situation makes it difficult for him to meet the compensation requirements, even though he has managed to set aside €1,400 towards compensating his victims, his defense said the financial demands remain steep, and his limited income makes it challenging to meet the full compensation of €5,083.

In court, McDonagh expressed his deep remorse, emphasizing the impact his actions could have on his children’s future. He stated, "I believe I have so much potential. I’ve never had a job in my life. I hope I can get a job and get my life on track."

His defense solicitor Burke highlighted his efforts to reform. "Beyond attending Alcoholics Anonymous meetings, he is actively engaging with social services and has sought employment as a bin-man, despite facing significant obstacles due to his criminal record." He argued that community service and a structured treatment order would provide a more constructive path than incarceration, and reiterated that while McDonagh has been "trying his best to stay on the tracks."

Judge Sandra Murphy said in light of Mr. McDonough’s extensive record and the evident risk of re-offending, the court weighed his options carefully. A probation report and social services testimony painted a picture of a man who, despite several attempts at rehabilitation, remains entangled in a cycle of alcohol-induced misconduct. The judge noted that while Mr. McDonough has shown remorse and a willingness to improve, his repeated offenses indicate that more stringent measures are necessary.

She decided to grant him a short-term order, allowing him the opportunity to enter a residential treatment center. This order, scheduled for review on March 18, 2025, is designed to provide him with intensive support aimed at addressing his dependency issues. 

The judge acknowledged Joseph McDonagh’s repeated offenses and ongoing struggle with alcohol, noting that while his actions were unacceptable, there was an opportunity for rehabilitation. The judge ruled that McDonagh would be given the chance to enter a residential treatment program—subject to a strict review. Judge  Murphy stated: “We’ll put him on a short leash and see what he’s doing with it. I’m giving him liberty to re-enter the stage if there’s any issue.”