Man gets 12 years for shooting neighbour because of 'bad blood'
A man has been sentenced to 12 years for shooting his neighbour in the stomach because of "bad blood" between the two.
Michael Hogan’s victim had to get four feet of his bowel removed after he was thrown into a wall by the nearly point-blank shotgun blast. After the first shot, the injured man lunged at Hogan and during the struggle the gun went off again, this time shooting Hogan through the lung.
As he was being led away to begin his sentence, Hogan (aged 49) told the victim: “I’ll see you later.”
Hogan, previously of Corduff Place, Blanchardstown, was convicted by a jury after a five-day trial at Dublin Circuit Criminal Court last February.
He had pleaded not guilty to causing serious harm to Mr Derek Palmer and possession of a double-barrel shotgun with intent to cause harm at Corduff Place, Blanchardstown on September 13, 2008.
The prosecution submitted that Judge Desmond Hogan was bound by law to impose a minimum of ten years because Hogan has two previous firearm convictions as well as 27 for other offences.
Defence counsel argued that because these convictions dated from 1991 and 1985, the mandatory minimum should not apply.
Judge Hogan accepted the prosecution argument, noting that the legislation does not allow for previous convictions to be discounted because they are old.
“Gun crime is now becoming rampant in this city and it appears to me that it is a matter the courts should be cognisant of,” the judge commented.
“How well the defendant was able to get a sawn-off shotgun? How well was he able to get shotgun cartridges? I ask the question rhetorically.”
Judge Hogan rejected the defence claim that Hogan only intended to scare Mr Palmer, noting that “not a little premeditation” went into the attack. He said it was “unbelievable” that Hogan brought a loaded gun, and had two other cartridges in his pocket, just to frighten the victim.
“He intended to do serious damage and he achieved that purpose. The defendant is lucky, as is the victim, that he is not before the courts on a much more serious offence.”
Judge Hogan said he was giving “as much credit as I can” to Hogan’s troubled childhood but noted his probation report states he is at a high risk of reoffending. He imposed a 12-year term with the final two years suspended on strict conditions.
