A father of three who was "off his head" and claimed it was "just a joke" when he put a knife to the throat of a pizza delivery driver has failed in an appeal against his three-year jail term.
Patrick Maughan (23) of Poddle Close, Kimmage, Dublin 6, pleaded guilty and was sentenced at Dublin Circuit Criminal Court in January 2021 to five years with two years suspended for robbery at his address on February 13th, 2018. A separate charge of the production of an article, a 15-inch bread knife, was taken into consideration.
In her sentencing of Maughan, Judge Melanie Greally said it was a "very serious" incident which Maughan did not seem to consider so. She said she "did not know" how Maughan could think his actions were not serious.
“If this was some form of joke then it was a very, very sick joke indeed,” said Judge Greally when sentencing Maughan.
The court was told that Maughan's family was "disgusted" by his actions and had removed him from the house.
Maughan told gardaí, when interviewed, that the incident “was just a joke” and said he thought the driver would know he was “messing”.
At the time of the incident, Maughan had no previous convictions. However, during the course of the case he came to regular attention of the gardaí and had been convicted in relation of producing an article during the course of a dispute, criminal damage and breach of a safety order.
On Tuesday at the Court of Appeal, Luigi Rea BL, for the applicant, appealed the severity of Maughan's sentence of five years with the final two years suspended.
Mr Rea said that the offence was both "unfortunate and serious" and that his client found himself a "deserved candidate for prosecution". Counsel said that Maughan had drink on him at the time of the incident with the delivery driver.
Mr Rea said that at the time the court heard the matter, which was repeatedly adjourned so Maughan could "steady himself", Maughan's wife was expecting twins. Counsel said his client was "just not ready for it all".
Counsel said when his client committed the other offences he became "his own worst enemy".
Ms Justice John Edwards, presiding at the three-judge court, said the trial judge had been "not unsympathetic" to Maughan but he had an "erratic" attendance with probation services during adjournments, which was "very unsatisfactory".
Mr Rea said Maughan had the support of his family, who attended his hearings, and that the knife was "produced more than used". He said that sentencing was "more of an art than science" and sought a reduction to allow Maughan to reconnect with his family and children. He suggested that the sentence should be one of two years' imprisonment with three years suspended.
"The unfortunate delivery man was terrified and traumatised," said Mr Justice Edwards who said Maughan was "off his head" on the night.
Derek Cooney BL, for the State, said that the delivery driver believed his throat would be cut and that demands for money were made by Maughan of the victim before the appellant's family paid the driver.
Counsel said that the judge had given Maughan chances to right himself by engaging with services but that Maughan had come to the "constant" attention of the gardaí.
Mr Cooney said that Maughan did not avail of the opportunities given to him and that an initial probation report put him at the "medium risk" level of reoffending, while a follow-up report then judged him to be of "high risk".
Mr Cooney said the trial judge did "everything possible to assist" Maughan.
In dismissing the appeal, Mr Justice Patrick McCarthy said Maughan's subsequent offending was not used by the judge as an aggravating factor but was rather one that could "dilute" mitigation in the case.
Mr Justice McCarthy said that the trial judge had correctly identified seven years' imprisonment as a headline sentence before taking into account Maughan's early guilty plea in mitigation.
He said the sentence was "well-balanced" in a case where a bread knife had been held to the throat of a "hard-working citizen going about his business, putting him in fear and distress".
