Son murdered dad in drink and drug-fuelled rage

Malcolm McGarryImage source, Nottinghamshire Police
Image caption,

Malcolm McGarry was found dead at his home in Sutton in Ashfield on 1 December last year

  • Published

A man who beat his father to death in his own home after consuming cocaine and drinking alcohol has been given a life sentence.

Malcolm McGarry, 76, was found in his property in Northfields Close, Sutton in Ashfield, on 1 December last year.

His son Peter admitted murder during an appearance at Nottingham Crown Court in April and was jailed on Friday.

The 53-year-old, of Alexandra Street in Kirkby in Ashfield, must serve a minimum term of 14 years and 123 days in prison, which reflects time already served in jail.

Image source, Nottinghamshire Police
Image caption,

Peter McGarry was sentenced to life in prison after a hearing at Nottingham Crown Court

A sentencing hearing held at Nottingham Crown Court heard the father and son watched football together on 30 November.

Malcolm - who was paralysed down his left side after a stroke years earlier - was found badly injured in the living room the following day.

"The scene was truly grotesque and macabre," said Gordon Aspden KC, prosecuting.

Mr Aspden said the defendant was described as being "incoherent" and "under the influence of drink and/or drugs", adding Peter told people at the scene the injured man was not his father.

"He appeared to be under the impression, that the man he had beaten to death was an intruder," he said.

Emergency services arrived at the scene but Malcolm could not be revived, and he was pronounced dead.

A pathologist gave a cause of death as severe traumatic brain injury and blunt force facial injuries.

Mr Aspden said Malcolm "had taken a truly savage beating at the hands of this defendant, with fatal consequences".

'Disbelief and eternal regret'

Mr Aspden told the court the defendant was arrested at the scene, and told officers he had given the victim "a good hiding", but denied it was his father.

Peter also admitted taking drink and drugs and said he "had no recollection of events after that".

Defending, James Horne KC said the murder "was neither planned nor thought out", adding Peter had been suffering problems with his mental and physical health and had been affected by the murder of his nephew in 2020.

He said father and son had a "great relationship" and were "extremely close", talking almost daily, and Peter viewed the events leading to Malcolm's death with "utter disbelief and eternal regret".

Saying there was "little doubt" that at the time of the attack Peter "was under the deluded and intoxicated impression that he had assaulted an intruder", Mr Horne said the defendant has "deep and profound regret" over his behaviour.

"The sense of loss he feels in that regard is compounded by the fact that he's responsible for it," he said.

'Dark side'

Sentencing, Judge Stuart Rafferty KC said the "tragic death" of Malcolm was "avoidable" and down to his son's actions.

"It's almost impossible to believe that anyone could become so affected by alcohol and drugs as to cease to recognise a person that they had been in the same room with, forgetting who that person was in terms of his appearance and his personage, and embark on a lethal attack, which is what happened in this case," he said.

"You've deprived yourself, and more importantly, other people, of a man of value and great esteem."

Referring to Peter's use of "pernicious substances", Judge Rafferty said the deceased "could not gauge the rage that was building in you", adding others in the community who had respected him were not aware of his "dark side".

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