Give me the maximum sentence – defendant asks Mayo judge to jail him

AN 'old criminal' asked a Mayo judge to give him the 'maximum sentence' available so he can stay in jail for longer.

Martin McDonagh of 1 The Park, Barnhall Meadows, Leixlip, Co Kildare appeared before Castlebar District Court where he pleaded guilty to smashing the glass of the front door of his sister's house in Swinford on March 28, 2024.

Judge Fiona Lydon was told that the 31-year-old defendant who has 54 previous convictions is currently serving a prison sentence and he wishes to remain there beyond his release date in July, 2025 so he can undertake more courses.

Ms Cathy McDarby, solicitor for the defendant explained that Mr McDonagh rang her before Christmas and he told her he was fed up with being an 'old criminal' and was now doing courses in prison.

“I thought he wanted some light at the end of the tunnel,” Ms McDarby said. “He doesn't...he has asked for the maximum sentence and asked for consecutive sentences.”

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Ms McDarby explained that Mr McDonagh rationale was that he feels he has not done enough courses to help him when he is eventually released and wants to stay in prison to avail of as many courses as he can.

Earlier Garda Barry Joyce told the court that on March 28, 2024, gardaí received a report from Ellie McDonagh, sister of the defendant who said that her brother had arrived at her home in Brookeville Avenue, Swinford and she wanted him to leave.

When gardaí arrived at the scene at around 6.15pm, they met with Mr McDonagh and directed him to leave the area but a short time later they received another report from Ms McDonagh.

Garda Joyce explained that the PVC glass on her front door and her front window were smashed in and she claimed her brother did the damage.

Mr McDonagh was found a short distance away and was arrested and later charged with criminal damage and failing to comply with directions of a member of An Garda Síochána.

The court was told that earlier that day, Mr McDonagh had committed criminal damage to his wife's home in Dublin before travelling down to Mayo to damage his sister's.

Ms McDarby said her client's explanation for his behaviour was that he was 'having a very bad day' and was now tired of the 'revolving door system' of him going in and out of prison.

She acknowledged that his instructions to her to seek a maximum sentence were unusual but stressed they were his clear instructions.

Judge Lydon said she took on board all that Ms McDarby was saying on behalf of her client but explained that in the administration of justice she had to be 'fair and proportionate' when sentencing.

When taking all factors into consideration, she said she was sentencing Mr McDonagh to six months imprisonment for the criminal damage and took the public order offence into consideration.