
Man who attacked victim after being invited to house for food jailed for six years
Tristan McAteer attacked his victim with a knife, slashing his face after he was invited back to Stephen Doherty's house in Ballybofey on October 16th, 2024.
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The 26-year-old accused appeared at Letterkenny Circuit Court where he pleaded guilty to two charges including robbery and the production of an article, namely a knife.
Details of the incident were outlined to the court by Detective Garda John O'Sullivan and state barrister, Ms Fiona Crawford, BL.
The accused and Mr Doherty, along with a woman, had been out drinking at the Shamrock Bar in Ballybofey, earlier in the day.
When back at Mr Doherty's house at Navenny Street, the victim asked McAteer and the woman if they would like something to eat.
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When he came back into the room with food, McAteer told Mr Doherty that he was taking his television and then attacked him with the knife, slashed him in the face and head.
Mr Doherty tried to defend himself and managed to get on top of McAteer and put his knees on top of his arms as he tried to hold him down.
However, the woman then attacked Mr Doherty by stabbing him with a screwdriver in the head and then striking him in the back with slats of wood from a child's bed which she had found in the house.
Mr Doherty managed to flee from his house to a nearby bar to raise the alarm while bleeding heavily.
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CCTV
He asked to look at their live CCTV and as he did so he witnessed McAteer and the woman leaving his home and getting into a taxi with two of his televisions, a Playstation 4 console and controller and a portable speaker
Mr Doherty was then taken to hospital where he was treated for his multiple injuries.
They included lacerations to his cheek and forehead and damage to his nose.
The scene was secured by gardaí and later that evening, McAteer was located and arrested at Glenfin Street at approximately 9.50pm.
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His clothing was covered in blood, he had been fighting with other people and he was pepper-sprayed by gardaí before being arrested.
He has been in custody at Castlerea Prison since October 21st, 2024 and has entered a plea to both charges.
The woman who attacked Mr Doherty during the incident is also due to come before the Circuit Court and Judge John Aylmer remarked that this was very much a "joint enterprise".
Victim impact statement
A victim impact statement was read out in court on behalf of the victim Mr Doherty.
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The statement on behalf of Mr Doherty, who was not in court, told how the incident had resulted in his home being turned upside down and his life destroyed.
He said he thought his life was at risk at one stage when McAteer had the blade to his throat and that he was seriously injured as a result of the attack.
The court heard how McAteer has 30 previous convictions for a range of offences including robbery, possession of knives, assault, road traffic, criminal damage and breach of a safety order.
Barrister for the accused, Mr Peter Nolan, BL, said his client was actually a very quiet man when sober but is often under the influence of some kind of intoxicant.
He had a troubled background, never knew his father and his relationship with his mother is strained although she has always supported him.
His brother died tragically earlier this year and this had had a particularly bad impact on McAteer and he realises now that he is at a crossroads in his life and that his life is bleak, said Mr Nolan.
McAteer has now broken all contact with the co-accused and other people he was involved with.
Mr Nolan added that this was a "classic situation" of a man with no qualifications, no work history and no ability to be gainfully employed so he slips into the easy way of drinking but now realises that's not the way.
He said McAteer had put his hands up and gone forward on a signed plea and was anxious to deal with the case.
He added that it was a story that Judge Aylmer has heard numerous times but he was anxious that something be done for McAteer stressing that he agreed with the Judge that this was very much a "joint enterprise" and that both of them were responsible for it.
Sentence
Passing sentence, Judge Aylmer said the aggravating features of the case was that McAteer had previous convictions for robbery and assault and the fact that he produced a weapon and used it on the homeowner.
He added that all this occurred in the sanctity of Mr Doherty's home where McAteer had been invited as a guest before walking away with his television.
His victim had been left in a state of anxiety and depression and had to get counselling to help him for guidance moving forward.
Before considering mitigation, Judge Aylmer said he placed the robbery at the upper end of the scale meriting a sentence of 11 years in prison and the production of a knife at the utmost end of the scale meriting a full maximum sentence of five years in prison.
He added the accused had come before the court on a signed plea which was "very wise" where he said almost nothing else could be said for him.
He accepted McAteer was remorseful, that gardaí said he was quiet when sober and that his entire criminal record was related to his chronic drug and alcohol addictions, adding he will have plenty of time to address these issues in prison.
Due to the signed plea, he was reducing the sentence of robbery to one of seven years and the production of a knife to one of three years with both sentences to run concurrently.
He added that he wanted to encourage McAteer to engage in his rehabilitation and said he was suspending the last 12 months of the sentence meaning the accused will serve six years in prison.
When the sentence was handed down McAteer spoke up to Judge Aylmer and called the sentence "disgusting" before being led away by prison officers.
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