Brian McLaughlin is to get a new sentence hearing. Pic by Northwest Newspix.
A CO Donegal man who held his partner hostage at knifepoint while has walked free from court despite a ruling that his original sentence was unduly lenient.
Brian McLaughlin (23), from St Oran’s Road, Buncrana, Co Donegal, had pleaded guilty to assaulting his partner and falsely imprisoning her at their home in Buncrana on October 20th, 2013.
He was sentenced by Judge Francis Comerford at Letterkenny Circuit Criminal Court to three years’ imprisonment, with the final two and a half years suspended, on July 14th last year.
However the DPP sought a review and the Court of Appeal agreed the sentence was too lenient.
Giving judgment, Mr Justice Garrett Sheehan said the sentencing judge held that the root of McLaughlin’s offending could be found in his mental health problems but it remained “a fact that his voluntary consumption of alcohol contributed to his criminal offending” and did not excuse his responsibility for these offences.
However he said the court could not avoid the fact McLaughlin has been out of prison for more than six months, had moved to a new part of Donegal and appeared to be making progress.
A new probation report was available which noted that McLaughlin had attended appointments with the probation service, had engaged with doctors and had made efforts to address the factors he needed to address.
Mr Justice Sheehan, who sat with Mr Justice Paul Butler and Mr Justice John Edwards, said the court had considered returning McLaughlin to prison for a further period of time but was unsure whether this would serve the interests of society.
The Court of Appeal resentenced him to three years’ imprisonment and suspended the balance on condition McLaughlin enter a good behaviour bond “with strict terms” for the suspended period and have no further contact with the injured party.
When asked whether he undertook to be so bound, McLaughlin said “Yes, I do”.
The original case heard how after returning to their home on St Oran’s Road in Buncrana, McLaughlin, 22, exploded into a rage before holding his partner hostage and subjecting her to a vicious assault.
McLaughlin appeared at Letterkenny Circuit Court after pleading guilty to the 2013 offences at a previous sitting.
The court heard how McLaughlin set upon his girlfriend after she preferred to stay out with friends instead of returning home with him.
They argued and then McLaughlin suddenly punched her in the face before climbing on top of her on a bed and trying to strangle her.
The victim said she thought she was going to die but managed to claw at her attacker.
However, he twisted her arm into her back and she said she remembers waking up in the sitting room and he was telling her to wake up.
She called the emergency services but when Gardai arrived, McLaughlin locked the doors and a hostage-like situation began at around 1.55am.
He got a kitchen knife and began sharpening it and refused to allow Gardai into the house.
The girl eventually managed to hide the knife but McLaughlin went berserk when he could not find it and fetched a number of other knives for the kitchen.
Trained hostage negotiators were called who contacted Brian McLaughlin’s father who finally convinced him to take some medication.
He eventually released the girl and at 4.40am, he finally gave himself up to Gardai.
At one stage McLaughlin had held aloft a television over his head and threatened to throw it at Ms McLaughlin.
When questioned about this by Gardai, he denied it saying he would have nothing to play his Grand Theft Auto computer game on if he did.