Suspended sentence for axe attack on family car in Carrick-on-Shannon

Hugh Crumlish, 69 Trasna Way, Lisnaskea, Co Fermanagh was convicted of criminal damage contrary to section 1(2) of the Criminal Damage Act, 1991 and sentenced to 18 months in prison, suspended for a period of two years, when he appeared before Judge John Aylmer at Carrick-on- Shannon Circuit Court last week.

Evidence was given by Garda Miriam Leonard who told the court at approximately 3pm on March 15, 2014, John Sweeney along with his wife and four children (aged eight, seven, five and three) were travelling in their car on the Leitrim Road in Carrick-on-Shannon when they heard shouting from Hugh Crumlish and members of his family.

As they turned right to travel onto Main Street, they heard a member of the Crumlish family shout: “Kill them. You’re dead.”
Having turned onto Main Street, Mr Sweeney’s car became stuck in the traffic flow.

They observed a member of the Crumlish family retrieve an axe from a nearby vehicle and he then proceeded to use the axe to break the rear, passenger side window of Mr Sweeney’s car.

The court heard more shouting followed with more brothers of the defendant following the vehicle.

When the traffic started moving, Mr Sweeney made his way to the garda station in Carrick-on-Shannon where Garda Leonard took a statement of complaint from him and his wife Lisa.

The court heard Mr Crumlish, who was living in Northern Ireland at the time of the offence, was interviewed but no admissions were made.

Garda Leonard said CCTV was obtained from Murtagh’s which showed the incident clearly but it was not possible to identify who was responsible.

Under cross-examination from Patrick O’Sullivan BL Garda Leonard said Mr Crumlish’s other offences, which occurred outside the jurisdiction, post date this incident.

When asked if the defendant has come to the attention of Gardaí since this incident in 2014, she replied: “Not to gardaí, no.”
When asked if she would accept the offence arose out of an “ongoing dispute” she replied: “I don’t know if it was ongoing; not that I was told by anyone.”

When it was put to her that the CCTV footage was of no evidential value she replied: “For identifying, no, but it did show the incident.”

Addressing Judge John Aylmer, Mr O’Sullivan said: “What is to some extent an aggravating factor is the previous (convictions) but the majority of which were when he was a juvenile or young man and most happened outside the state.”

Mr O’Sullivan added: “He entered a plea at the earliest opportunity.

“He believed there were no children in the car. He is very remorseful, he regrets what happened.”

The court heard Mr Crumlish is married with a young son with Mr O’Sullivan adding: “I ask you to take into account that he has become very mature. This is his first time before the Circuit Court.

“He is very committed to his wife and family. He is very remorseful and would like to apologise to the Sweeneys who were the injured party.”

Mr O’Sullivan noted the dispute between the two families no longer exists, saying: “there was a shaking of hands between the Crumlishs and the Sweeneys shortly after the event.”

Having heard the evidence Judge Aylmer commented: “This is a very serious and violent offence of criminal damage. That is an offence on the lower end of the scale but an offence that merits a sentence of two years.”

Judge Aylmer added: “I accept he entered a plea at the earliest opportunity, is remorseful and has changed his ways.

“It is fair to say his previous convictions are nowhere near as serious as this. He is a man who has already embarked on his rehabilitation with a degree of success.”

Finalising matters Judge Aylmer said: “I will reduce to 18 months to give him credit for the plea of guilty and how he has changed his life.

“I will suspend the 18 months sentence for a period of two years. If any offence is committed here or in the UK I will consider that a breach.”

The State were represented by State Solicitor Noel Farrell and Donal Keane BL.