Robber who fatally kicked and punched pensioner jailed for 23 years

A robber who fatally kicked, punched and stamped on a vulnerable pensioner before taking off with a box of cornflakes and a cottage pie has been sentenced to life imprisonment with a minimum term of 23 years.

John Mackey, 87, was targeted by unemployed Peter Augustine after he visited a Co-op store in Manor House, north London, on the afternoon of May 6.

Earlier in November, an Old Bailey jury found Augustine, 59, guilty of robbing and murdering the “kind, generous gentleman” from Callan, Co Kilkenny, who had lived in London for around 70 years.

He was also sentenced for a theft in nearby Finsbury Park on May 3, which was dealt with at a magistrates’ court.

Augustine did not attend his sentencing at the Old Bailey on Friday, claiming he had back pain.

Handing out her ruling, which was broadcast live from the court, Judge Sarah Whitehouse KC said: “I have no hesitation in finding that his non-attendance is voluntary and it is appropriate to sentence him in his absence.”

The defendant had been “disruptive, shouting angrily from the dock on a regular basis” and was “insulting, abusive and aggressive” when challenged by the prosecution, she said.

The judge was at one point forced to “take the rare step” of excluding him from the courtroom as he gave evidence.

Augustine attacked “gentle, innocent” Mr Mackey “for a box of cornflakes, a pint of milk and a saveloy sausage”, Judge Whitehouse said, adding that “I have no doubt that if this defendant was genuinely starving and had asked Mr Mackey for help, this kind, generous gentleman would have” assisted him.

He attacked Mr Mackey, who was in the early stages of Alzheimer’s, to steal his bag but used “extreme violence” because he “lost his temper” when it was not handed over, she told the court.

She said: “I have no doubt that the defendant targeted him specifically because he was frail – it was a cowardly act, the defendant has shown no remorse.

“I cannot be sure that the defendant intended to kill Mr Mackey, but punching an elderly, frail man – especially in the head – is very dangerous.”

Augustine has spent 203 days on remand and therefore has 22 years and 162 days left of his sentence to serve.

He was sentenced to four weeks’ imprisonment for theft and eight years for robbery. All three sentences will be served concurrently.

Augustine declined a psychiatric assessment and there are no reports of him ever engaging with mental health services, the court heard.

He committed violent offences in his 20s and since 2016 has also been convicted of racially aggravated public disorder and assault, the judge said.

Mr Mackey’s niece, Patricia Schan, described her “perfect uncle” as “funny, charming, mysterious, and very definitely mischievous”, and went on to criticise Augustine’s behaviour during the trial.

Arsenal Football Club fan Mr Mackey “always had a twinkle in his eye and dressed immaculately in one of his trilby hats”, Ms Schan told the court.

The “proud Irishman” living in London was a “well-known, popular and respected member of the community… but he was still remembered in his home town – as shown by the number of people at his funeral”, she said.

Ms Schan added: “The defendant’s behaviour showed complete disdain, disrespect and disregard for the family throughout the trial and caused even further distress from what was already an extremely traumatic experience.

“As a family, we have had no dealings with the police or the court system.

“His refusal to even attend during the trial caused anguish and uncertainty because we did not know what we would be facing on a daily basis.

“He was constantly turning around and looking at us and shouting at us – and frankly terrifying us – from the witness box, which was just a few metres away.”

Family members gave statements outside the court and Mr Mackey’s nephew, Adrian Kennedy, said it was a “relief” that Augustine had not attended.

He told reporters: “The lack of respect from him, because he was so disruptive through the trial, and the complete lack of respect he showed our uncle – and us, as a family – today was just one of relief because he would have just disrupted it so much that it wouldn’t have happened as it did.”

His sister Ms Schan stood next to him and said she thought she would not have managed to get through Friday’s proceedings if Augustine was there and shouting, “which he definitely would have done”.

Mr Mackey had set off from his address shortly after 5pm, wearing a trilby hat, grey Mackintosh coat and carrying a walking stick and black bag.

At 5.12pm, he went into the Co-op where he bought cornflakes, an own-brand cottage pie and Mirror newspaper, which he put in his bag.

He paid for his goods using a £20 note and put the change of £11.50 in his trouser pocket.

Eighteen minutes later, Augustine began to follow the pensioner.

Mr Mackey went into Manor Kebab at 5.36pm and bought sausage and chips as the defendant loitered outside, the trial was told.

The victim was last seen on camera at 5.50pm and Augustine reappeared on CCTV three minutes later carrying what looked like the victim’s bag, jurors heard.

Passers-by reported seeing Augustine attacking Mr Mackey and searching his jacket as he lay on the ground.

Another member of the public alerted police after she heard a shout of “give me the bag” and saw Mr Mackey lying inert on the pavement, the court was told.

Mr Mackey, who was bleeding from his head, regained consciousness but was unable to tell officers what had happened.

He was treated in hospital for bleeding on the brain and broken ribs, but died from his injuries two days later.

Police pieced together events from CCTV footage but the attack itself was not caught on camera, prosecutor Jane Bickerstaff KC said.

A later search of the defendant’s room uncovered what was left of Mr Mackey’s groceries and wrapping from the cottage pie, and sausage and chips.

Augustine was arrested two days after the assault but showed no remorse for his actions while in custody, making a series of threats, acting violently and throwing a hot coffee at an officer, the Metropolitan Police said previously.

Ms Bickerstaff told jurors Mr Mackey was 5ft 5in and weighed less than nine stone.

She previously said: “He would have been largely unable to put up any resistance to the attack due to his age and infirmity.”

The prosecutor said at the time, Augustine was living in “reduced circumstances” and was effectively homeless.

Augustine claimed he could not attend his sentencing because he is unable to sit in the prison van for long periods due to a displaced lumbar disk, the court heard.

Jenni Dempster KC, defending, requested a video link from prison but she added that Augustine had not attended legal conferences on Thursday, held on video, and on November 20, held in-person at HMP Belmarsh.

Judge Whitehouse said the court has been told his back pain can be controlled by painkillers.

She said: “In view of the defendant’s conduct throughout the course of his trial, I am not prepared to disrupt proceedings further by setting up a video link.”