Co Tyrone man who spat on a police officer handed community service at Dungannon Court

Brendan John McDonagh, aged 54, from Sydney Lane, Aughnacloy, appeared at Dungannon Magistrates Court on Friday on charges of assault on police and resisting police.

District Judge Francis Rafferty told McDonagh that he had been minded to impose an immediate custodial sentence given that he has 255 previous convictions.

However, the judge noted there had been a falling off in his offending in the last two years. He warned McDonagh that if he failed to engage with the court order he would be brought back again and he will send him to jail.

Mr Rafferty also ordered the defendant to pay £100 compensation to the officer he spat on.

Dungannon Magistrates Court heard on Friday that police were investigating a domestic incident on January 12, and on arrival found McDonagh in the living room “showing signs of intoxication”.

Prosecuting counsel said McDonagh struggled with police and spat at one officer, with salvia hitting his arm and body armour. He said when put in the back of the police cell van he remained standing and refused to sit down.

A defence lawyer stressed McDonagh was heavily intoxicated when the police appeared at his address. He said he is sorry for his behaviour and is ashamed of what had happened at his mother’s house.

The lawyer pointed out McDonagh had cooperated fully in the preparation of the pre-sentence report.

Counsel said the defendant was trying to help himself and is working with the Steps programme. He added that his mother was also heavily dependent on him.