Suspended sentence for man who stole from assault victim

By Fiona Ferguson

A man who attempted to steal from a stranger during what a judge described as a ‘heartless and cruel’ attack has been given a fully suspended sentence after the court heard he has made “exceptional” efforts to turn his life around

John Maughan (39) of Caretakers Hostel, Back Lane, Dublin 1 pleaded guilty to attempted theft on July 23, 2020 at Sycamore Street in Temple Bar. He has 193 previous convictions.

Dublin Circuit Criminal Court heard Maughan attempted to steal from the victim after others knocked him to the ground. He did not take part in a physical assault of the victim.

His three co-accused have all received custodial sentences for the robbery and the assault.

Judge Orla Crowe said this was a nasty offence and while Maughan had a lessor role than the others, he was there and twice attempted to get at the man’s pockets to steal from him while he was on the ground. She said Maughan had done nothing to come to the man’s aid.

The judge said the injured party had been “set upon and swirled around” by the group in Temple Bar as he attempted to get a taxi in the early hours of the morning, describing the behaviour captured on CCTV as showing a “lack of humanity” and a “heartless and cruel” aspect.

The judge referenced the victim impact statement remarking the victim had the “extraordinary magnanimity” to seek for the people who offended against him to have a chance to change and rehabilitate. She noted he had been impacted by the offences.

Judge Crowe noted the garda evidence that the difference between Maughan at the time of the offending and today was like “night and day.”  She considered his multiple health issues, his very difficult background and efforts at rehabilitation

She noted Maughan’s record and that he was on bail at the time, factors which would ordinarily warrant a custodial sentence. However, the judge said the period since 2020, during which he committed no further offences, was “exceptional” given his prior record.

She noted that in his 193 previous convictions there were an awful lot of injured parties, chaos in society and harm caused, but said Maughan was a person who had turned a significant corner. She said in light of his rehabilitation the court was going to give him a chance.

Judge Crowe set a headline sentence of three years imprisonment and, in light of mitigation and personal circumstances, imposed a two year and three-month sentence, which she suspended in full.

Garda Robert Mahon told Eimear Delargy BL, prosecuting, that the victim was making his way to a taxi rank after a night out when he had an initially friendly interaction with several people before being followed by the group of four into Sycamore Street.

Two co-accused of Maughan attacked the man and robbed him of personal belongings. Maughan was present nearby and attempted to put his hand into the victim’s pocket but did not get anything.

The group left but two of the co-accused, not including Maughan, returned ten minutes later and assaulted the victim again. He then made his way to Pearse Street Garda station.

Maughan was identified on CCTV and was arrested. He denied involvement in the robbery but accepted attempting to take property from the man.

A victim impact statement was handed into court but not read aloud. The garda told the court the man did not suffer lasting damage but wanted closure on the case after six years.

Carol Doherty BL, defending, told the court that a “candid” report from the HSE outlined Maughan had suffered very serious childhood neglect from his family and from the services engaged to support the family.

She said he suffered a brain injury as a 19-year-old, leaving him with difficulties on his left hand side. He also suffers with COPD and serious respiratory issues from years of sleeping on the streets and self neglect. The court heard he began sleeping rough as a 13-year-old.

Ms Doherty said her client spends much of his time in and out of hospital but now has accommodation. He is on a reduced methadone program and medication for his health conditions.

She said over the past number of years he has put huge efforts into liaising with services that assist him in his rehabilitation. She said he is taking great interest in learning to read and write. She said his key worker is in court with him and there were multiple testimonials to his positive qualities.

Counsel submitted that Maughan played a lesser role than his co-accused and urged the court to consider a suspended sentence in light of his health issues and engagement with support services.