A man who had denied trying to rob two people of their 10-week-old puppy outside a Carlisle off-licence has been sentenced after admitting lesser alternative charges relating to the incident.
Joseph Alfred Malloy, 31, sparked trouble outside the Bargain Booze store at Old Raffles Parade on the afternoon of January 20 by asking a woman as she stood with the young Akita pet: “How much for your dog?”
Fearing the animal would be taken from her, she gave an abusive reply. And when the male co-owner she was with came out of the off-licence, the pair tried to walk away but were followed by Malloy and another man.
Attempts were made to grab both the man and dog, which was dropped to the floor. A scuffle then ensued between Malloy and the man during which the latter was struck on the back of his head.
No injuries were caused and Malloy was later arrested by police. Amid concerns for his physical presentation, he was then taken to the accident and emergency department at Carlisle’s Cumberland Infirmary.
But while in a waiting area with two officers, Malloy made a number of abusive comments towards a woman before spitting at her.
Malloy, latterly of Victoria Street, Cleator Moor, denied attempted robbery and was due to stand trial. But at Carlisle Crown Court today he admitted single common assault and public order charges, in respect of both the puppy and hospital incidents.
Judith McCulloch, defending, gave details of Malloy’s difficult personal circumstances and said he had taken a Xanax tablet which was not prescribed to him which affected his behaviour and recollection. “He is ashamed and very sorry for what he has done,” said Ms McCullough.
Noting that Malloy had not received any meaningful probation service assistance in the past, Recorder Mark Ainsworth imposed a 12-month community order, telling Malloy to undergo rehabilitation work and 150 hours’ unpaid work.
“On that day, your behaviour to these three people was quite disgraceful,” said the judge. Of the hospital spit assault, he added: “It doesn’t require a doctor to tell you just how concerned they would be for somebody to be spitting during a pandemic.”
Recorder Ainsworth directed that the attempted robbery charge denied by Malloy should lie on the court file.
