16 Aug 2022

Kilkenny Court hears situation misinterpreted because of alcoholic haze

Criminal damage incident

A Kilkenny man who misinterpreted a situation ‘due to an alcoholic haze’ and broke a pub window has been convicted of causing criminal damage, at the local district court.
Richard McDonagh, 21 Dominic Street, Kilkenny, pleaded guilty to the charge, following an incident at The Dylan pub on John Street.

On September 23, 2020, gardaí received a report that Mr McDonagh had punched a window at the pub, causing €1,000 worth of damage. He was clearly identified on CCTV.
Judge Geraldine Carthy heard Mr McDonagh had 73 previous convictions.

Solicitor Chris Hogan said a lot of his client’s previous convictions were ‘historic,’ although the judge pointed out there was ‘not that much of a gap’ since his most recent convictions.

Mr Hogan said a lot of Mr McDonagh’s convictions were for theft, which he committed to feed his drug habit. The most serious are going back four/ five years. He is now engaging well with the services and no longer using heroin. He is on a methadone maintenance plan.
Unfortunately, at times Mr McDonagh substitutes heroin with alcohol and gets in trouble on public order matters.

On this day Mr McDonagh went into the pub and believed he wasn’t being served because of his background. But it was because he had forgotten to wear a face mask.
When interviewed by gardaí he said he couldn’t remember the incident because he was intoxicated.
Mr McDonagh said that at the time of this offence he was in a dark place, the solicitor told the court, and he had asked Mr Hogan to apolgise for him in court.

Judge Carthy accepted Mr McDonagh’s last conviction for criminal damage dated back ten years, however she said there was no doubt this matter was quite serious. Damage of €1,000 was quite upsetting and serious for the business premises.
“Due to an alcohol haze you misinterpreted what was going on,” Judge Carthy said. She said he could not take the law into his own hands.
Noting he had not brought any compensation to court Judge Carthy convicted Mr McDonagh and imposed a three month prison term.
Recognisance was fixed in the event of an appeal.

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