Three-year sentence for robbing man of cash and jewellery

3 February 2010
Donegal News

A Kilmacrennan who had been drinking with a man in a Letterkenny hotel and was subsequently involved in robbing him of more than £4,500 worth of jewellery and £2,000 cash has been sentenced to three years in prison. This week's sitting of Letterkenny District Court heard evidence against Liam McGinley of 1A Main Street, Kilmacrennan. Garda Conor Drury said that on November 5, 2007 he received a call to go to the Ramada Hotel, Letterkenny, where a man alleged he had been robbed by two men.

At 9.10pm Garda Drury spoke with Joe McCullagh of 30 Gortnamaddy Park, Ballycastle, County Antrim. The injured party said he had come to Letterkenny and had been drinking all day with McGinley and two others. Earlier in the evening McCullagh had been refused a drink at the bar and was asked to leave the premises. He and the three men left through the back door but returned a short time later saying he had been robbed.

McCullagh told Garda Drury that he had been pushed down a fire escape onto the ground where his gold chains, valued at £3,500, were ripped from his neck and two rings valued at £500 each were also removed. Between 1,500 and 2,000 sterling, from the recent sale of his house, was also removed from his wallet along with his driver's licence and credit card.

Garda Drury told the court that during the course of the robbery, McCullagh sustained several blows to the back of the head and back. He was not present in court but Garda Drury told Judge O'Hagan that he has been "very upset by this incident", particularly the loss of his jewellery which had sentimental value and was never recovered.

CCTV

The incident was captured on the hotel's CCTV system which was obtained by Garda Drury. McGinley was identified as one of the assailants and was subsequently arrested at a different address on November 7. He provided gardai with a statement but made no admissions in relation to the allegations against him.

Judge John O'Hagan heard that McGinley has a total of eleven previous conviction for a variety of offences including assault, theft, and possession of drugs for the purpose of sale or supply. Counsel for the defence, Mr Peter Nolan (BL) outlined that all parties in this incident were inebriated. He added that on his client's part, this was an "opportunistic" crime and there was no pre-planning or pre-meditation.

'Very serious gunshot wound'

He added that McGinley was not in a position to proffer compensation due to the circumstances he currently found himself in, after receiving a "very serious" gunshot wound in November, 2007.

Mr Nolan stated that all of McGinley's previous convictions stemmed from alcohol and substance misuse but stressed he has now changed his life around. McGinley apologised to the court and the injured party through Mr Nolan who stressed the accused now "intends to deal with his life in a different way".

Having heard the evidence Judge O'Hagan noted that robbery is a very serious offence which carries a maximum life sentence. He added that he must take into account the guilty plea entered by the accused, despite the fact it could be said he was "caught red-handed". The Judge noted one of the main aggravating factors was that the injured party was "watched" and "beset" upon by the accused. Taking all circumstances into consideration, Judge O'Hagan imposed a prison sentence of three years.