Thief and convicted rapist caught after answering video call on stolen phone

Sonya McLean and Eimear Dodd

A thief and convicted rapist who was caught after he answered a video call on the phone he had just stolen has been told he will spend another two years in custody.

Patrick Maughan (27) of Poddle Close, Kimmage, pleaded guilty at Dublin Circuit Criminal Court to theft of a mobile phone on Harolds Cross Road, Terenure on September 15th, 2023.

An additional charge of assault causing harm was taken into account after the court heard that Maughan’s accomplice, who is currently unlawfully at large, was the instigator and more aggressive than Maughan.

Maughan’s 42 previous convictions include two for rape, two for sexual assault, one for false imprisonment, one for assault causing harm, four for theft and one for robbery.

On Tuesday, Maughan was handed a two-year sentence, which will run consecutive to the 13-year sentence he is currently serving.

Garda Keith Dolan told Emmet Nolan BL, prosecuting, that the victim, a 64-year-old care assistant, got a lift to the bus stop from his friend as he was heading into work to start his shift.

While he was waiting, the victim was on the phone speaking to his friend’s wife. A bus pulled up and Maughan and another man got off. They were shouting and acting aggressively so the victim walked away as he didn’t feel safe.

Gda Dolan said that as he walked away, Maughan’s co-accused punched him in the back of the head, knocking him to the ground. While on the ground, Maughan punched and kicked the victim.

He managed to get up and ran across the road, but he was chased by the two men who continued their attack, with the other man instigating it before Maughan joined in the assault.

The victim noticed his phone was missing. The attack came to an end when a passerby pleaded with the two men to leave the man alone.

Gda Dolan said the man needed his mobile back as his bus ticket was in the phone cover. He approached the men and requested his phone be returned to him but they told him they had thrown it into a nearby bin.

The man searched through the bin but was only able to find the cover for the phone.

Gda Dolan said the victim’s friend heard that the man was being attacked. He called the man’s phone and an unknown man answered the phone before hanging up.

Video call

The victim’s friend rang again but requested a video call, which Maughan accepted. When he answered, the friend took a screenshot of the thief’s face.

Gardaí arrived while Maughan and his accomplice were still at the scene. Maughan was searched and four mobile phones were found on him. The victim confirmed that one of those phone was his. Maughan also had a bail bond in his pocket which bore his name.

The injured party was later treated in hospital for cuts to his hands and legs.

Maughan was arrested and taken in for questioning but he was in a bad state in the station, Gda Dolan said.

The garda confirmed that Maughan was placed in the recovery position in the station and was drifting in and out of consciousness with officers struggling to find a pulse. Gardai had to resuscitate him twice. Maughan was taken to hospital but discharged himself later.

Victim impact statement

A victim impact statement was read into the record. The injured party said the incident had a significant impact on his wellbeing, health and daily life.

He said he was unable to walk properly for a month following the assault and also unable to work during this period.

He continues to experience pain in his knee, which he is concerned about and the ongoing pain is a “constant reminder” of what happened.

The victim said his confidence and sense of security were also affected, and he feels more anxious when walking alone or in unfamiliar places. He also outlined the emotional and physical effects of the incident.

Gda Dolan agreed with Keith Spencer BL, defending, that the co-accused was the initial aggressor.

It was also accepted Maughan woke up in hospital with no memory of what had happened and that he has alcohol and drug addiction issues.

Spencer told the court his client is a member of the Travelling community. He said his client instructs he has been addressing his addiction issues while in custody.

Judge Elma Sheahan said the aggravating factors included the seriousness of the offending, the impact on the victim and Maughan’s “significant previous history of offending”, including relevant previous convictions for theft and assault causing harm.

She noted the defence’s instruction that Maughan is drug-free, but that no proof of this had been provided to the court.

'Particularly aggravating' features

Having considered the mitigation, Judge Sheahan imposed a four-year sentence. She said the court viewed it appropriate, given the nature of the offending and its impact on the victim, that this sentence should run consecutive to the sentence Maughan is currently serving.

The judge said she would reduce the four-year sentence to two years to take into account the sentencing principles of totality and proportionality.

After the two-year consecutive sentence was imposed, Spencer submitted to the court that it was disproportionate to make the sentence consecutive to the 13-year sentence his client is currently serving.

He suggested there are no “particularly aggravating” features of the case and that the justice of the case could be met by a concurrent sentence.

Judge Sheahan said the court’s thinking was that to impose a concurrent sentence “would result in no additional sentence being served in real time” for what was considered to be “really serious offending”.

The judge declined to change the two-year consecutive sentence imposed and an application by the defence to suspend part of the sentence imposed.