A Newry man who stabbed his estranged wife 19 times as their daughter fought to save her has failed in a legal bid to obtain a reduced prison term.
Today, the Court of Appeal rejected Peter McCartney’s challenge to the sentence of 16 years and eight months imposed for attempting to murder the victim at her home.
Lady Chief Justice Dame Siobhan Keegan said: “This was a horrific crime perpetrated in a domestic setting.
“The victim was lucky not to be killed. She will be scarred for life, as will the children of this family.”
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McCartney, 41, launched the premeditated knife attack after walking two miles to get to his ex-wife’s house in November 2020.
She was on the phone to her sister and all four of their children were present in the property when he arrived.
Their 12-year-old daughter saw the stabbing and kicked McCartney three times in the face in an attempt to protect her mother.
At least two of the other children heard the incident and witnessed the immediate aftermath.
As the victim lay bleeding, she told her sister over the phone: “I’m dying, he stabbed me, phone me an ambulance.”
Her children alerted a neighbour who provided first aid until the emergency services arrived.
She sustained a total of 19 stab wounds and spent a month in hospital under sedation and on a mechanical ventilator.
Along with the serious physical injuries, she was diagnosed with post-traumatic stress disorder (PTSD).
The court heard that a week before carrying out the attack, McCartney had scouted out a hiding place in a neighbour’s garden.
He was found at that location following the stabbing.
McCartney admitted attempting to murder his ex-wife on the day he was due to go on trial at Newry Crown Court in November 2022.
He was sentenced to 16 years and eight months in prison, and also given an extended four year period on licence.
Appealing the term imposed, defence lawyers argued that the trial judge gave insufficient credit in mitigation for McCartney’s own PTSD and chose too high a starting point in the sentencing process.
However, the Lady Chief Justice, sitting with Lord Justice Treacy and Mr Justice Humphreys, rejected all grounds of challenge.
“(The trial judge) accepted that PTSD may have had an effect on the judgment of the applicant,” she said.
“He was alive to the fact that this could reduce culpability… (but) personal mitigation in a case of such seriousness will be limited.”
Dame Siobhan described the level of credit given for the medical issues as “appropriate and fair”.
Dismissing McCartney’s appeal, she confirmed: “The trial judge was correct to impose the sentence that he did to reflect the crime that was committed.”