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A violent offender who repeatedly slashed another man with a handmade blade and threatened to kill him outside a city centre garda station has been sentenced to six and a half years in jail.
“There can be no tolerance of public violence, as the public have the right to go about their business without being exposed to this,” said Ms Justice Karen O’Connor at the Central Criminal Court on Wednesday.
She imposed a sentence of seven and a half years with the final 12 months suspended on Graham McGuinness (32).
McGuinness, of Riverview, Blackcastle Avenue, Flower Hill, Navan, Co Meath, who has 53 previous convictions, was initially charged with the attempted murder of Martin Reilly on June 11th, 2020, at Store Street in Dublin 1. However, in June last, he pleaded guilty to the offence of causing serious harm and the State accepted his plea.
At a sentencing hearing in July, Garda James Seymour gave evidence that McGuinness and Mr Reilly were both in the vicinity of Busáras in the early hours of June 11th, 2020, waiting for a bus when an altercation occurred. He confirmed that the two men were known to each other prior to this event.
McGuinness tried to slash Mr Reilly’s neck before stabbing and slashing at the victim numerous times. While this unfolded, McGuinness was repeatedly heard shouting, “I’m going to kill you”, Garda Seymour said.
He said the attack continued as Mr Reilly tried to escape, and the pair moved from the entrance of Busáras towards Store Street Garda Station. Garda Seymour said Mr Reilly then stepped out in front of a Luas line in an attempt to try and get help.
Garda Seymor confirmed that while the attack was taking place, Mr Reilly believed that the Stanley blade brandished by McGuinness was a knife and feared for his life. He said it was Mr Reilly’s belief that “he was going to die that night”. The court heard the blade was wrapped in tissue at the bottom to create a makeshift handle.
Mr Reilly sustained multiple slash wounds to his arms, torso and face, including one gash to his face in which his jawbone was exposed. The multiple lacerations all over his arms and his back were of various degrees of depth and length, the garda said.
In passing sentence today, Ms Justice O’Connor said that the victim suffered multiple slash wounds that resulted in permanent scarring, including to his face.
She said she had seen “shocking” photos of the injuries, adding that Mr Reilly did not wish to make a victim impact statement nor attend court. She noted that the DPP had submitted this attack was in the mid to upper level of offending.
Ms Justice O’Connor said that McGuinness had 53 previous convictions, including violent disorder, criminal damage, the unauthorised taking of an MPV, endangerment, and burglary.
Aggravating factors considered by the court included the viciousness of the attack, which featured slashing to the victim’s face and torso; the duration of the attack, which occurred in a public place, where Ms Justice O’Connor said people should feel safe and not put in harm’s way; and the nature of the weapon used.
Mitigating factors considered by the judge included McGuinness’ plea of guilt; his remorse, which she said appeared genuine; and his very difficult upbringing, as he had been institutionalised after being taken into care at an early age. She said the defendant was using his time in custody in a constructive way and had become an enhanced prisoner.
“This was a violent, ongoing, vicious attack, with a weapon used to inflict injury on the victim. This behaviour was totally unacceptable. There can be no tolerance of public violence, as the public have the right to go about their business without being exposed to this kind of violence,” she said.
Setting a headline sentence of ten years, Ms Justice O’Connor reduced this to seven and a half years after mitigation, suspending the final 12 months for two years. A charge of production of a weapon was taken into consideration, with the sentence backdated to May 12th, 2023.
The 12 months were suspended on condition that the defendant enter into his own bond of €100 to keep the peace for two years post release and attend all probation appointments.
He must reside at a listed address, provide the gardaí with a phone number, address his drug addiction, and follow any recommendations given to him by the probation services.