Man who broke into neighbour’s apartment with hammer jailed for two years

A man who broke into his neighbour's apartment in Carrick-on-Shannon with a hammer was sentenced to two years in prison at Carrick-on-Shannon Circuit Court last week.

Martin McDonagh, aged 28, of 11 Drumharlow, Shannon Court, Carrick-on- Shannon, Co Leitrim pleaded guilty to aggravated burglary and criminal damage at the home of his neighbour Rory O'Donnell of 10 Drumharlow, Shannon Court.

Mr O'Donnell was upstairs in the apartment with his nine-year-old daughter when he heard a crash from downstairs.

He went down to find Mr McDonagh standing on the kitchen table with a hammer in his hand, having broken the back window to get in.

Mr O'Donnell picked up a hurley he had and struck the intruder several times, forcing him back out the window.
Garda Gavin Burke said at 7.55pm on December 31, 2021, gardai responded to a call to 10 Drumharlow.

The owner Rory O'Donnell told them what had happened, that he saw Mr McDonagh in the kitchen with a hammer and feared for his daughter's safety and struck him with a hurley to make him leave.

Garda Burke and Sgt Damian Guckian went to the property next door where Mr McDonagh was living and arrested him at 8pm on suspicion of aggravated burglary.

He said he believed Mr McDonagh and his family were squatting in the apartment. Mr McDonagh denied this and said he was paying rent of €550 per month to the banks.

Mr O'Donnell told them that shortly before the incident there was a knock on his door and Mr McDonagh asked him if he could use his bathroom.

He declined and told him to use his own bathroom. He said Covid was high at the time and he did not feel it was safe to let him in.

He said Mr McDonagh muttered some expletive and then 20 minutes later the incident occurred.

Mr McDonagh was questioned by gardai that night but made no comment throughout the interview and showed no remorse about the incident, in fact he was laughing about it.

Garda Burke said they found the hammer on the floor of Mr McDonagh's apartment.

A short victim impact statement was read into court where Mr O'Donnell said he was shook up after it and his daughter was very upset and scared for some time afterwards.

Mr O'Donnell said he didn't know what Mr McDonagh's intentions were, he found him standing on the kitchen table with a hammer and he went back out the window he came in. The damage caused was approximately €150.

Mr McDonagh has 39 previous convictions including false imprisonment and robbery. He has been in custody on this matter since he was arrested on December 31 last.

He has a wife and daughter in Leixlip, Co Kildare.

Counsel for the accused, Dara Foynes BL, said her client was a member of the Travelling community. His previous record was nothing to be proud of with a lot of serious offences.

He has been dealt with by the courts from an early age and was happy to pay the €150 financial loss for the damaged window and apologised to Mr O'Donnell.

Judge Aylward said he was sure the €150 was of no great benefit to Mr O'Donnell in the context of the circumstances.

Ms Foynes said her client can go and live with his wife and daughter in Leixlip after he completes his sentence.

She said he appeared to be somebody upon whom the red mist descends. He was last in prison two years ago for a couple of months. Ms Foynes said it was hard to keep track of the number of instances he has been in custody.

She asked that some sort of element of rehabilitation be built into whatever the court decided.

She described the incident as “violent and utterly unacceptable and no way for a neighbour to treat a neighbour's property.”

Judge Aylmer said the maximum sentence for aggravated burglary was life in prison. It has always been viewed as a heinous offence and very significant custodial sentences should be imposed for such crimes.

He described this case as an extraordinary, highly unusual and bizarre case of aggravated burglary, committed in a moment of rage because he was declined by Mr O'Donnell the use of his bathroom.

He put the offence in the lower range of aggravated burglary and said the appropriate sentence was three years.

He reduced it to two years after mitigation and gave full credit for the time already spent in custody from the date of the offence.