Suspended sentence for biting a defenceless child

charlemont · 20-07-2011 5:53pm #1

This is bloody scandalous, What kind of message does this send out ?
One thing I really hate and get upset about is child cruelty, Its not on. Not on at all..

Saturday July 16 2011

A MAN who bit his 24-week-old baby on the face and shook it until it became "lifeless" has escaped a jail term at Dublin Circuit Criminal Court.

The 21-year-old, who cannot be named for legal reasons, pleaded guilty to cruelty to a child on a date in August 2008.

Judge Martin Nolan said it was an "irrational reaction" and it was "fortunate the child made a full recovery" before handing down a four-year suspended sentence.

The judge said the man was "left in charge of the child" and "he could not cope".

"At the time he was unsuitable for fatherhood," he said.

The judge said he took into account that since the incident he had been a responsible father who "helps mind the child".

Detective Garda Alan Barry told Tara Burns, prosecuting, the man had been in a relationship with the mother of the child and he was minding him for her while she was at work.

He had stayed over with the woman the previous night and the baby was left in the bed with the man, the court heard.

The mother rang the man to ask if he wanted anything on her way home and could hear the baby crying.

When the woman got to the house half an hour later she could see the man crying and the baby "lying lifeless on the couch beside him".

limp

The baby was limp, pale and his eyes were rolling back in his head so the woman called an ambulance, the court heard.

Neighbours had arrived into the house at the time and were instructed by emergency services how to resuscitate the baby.

The fire brigade arrived, resuscitated the baby and took him to Temple Street Hospital.

The firemen noticed marks on the child, which had not been on him the night before when his mother bathed him.

The infant had marks on his face and doctors surmised he had a bite mark on his cheek.

The marks to the body were unexplained and "the limpness was put down to the baby being choked". The accused said he was "trying to wind the baby" but later admitted to have bitten the child on the left cheek because he "lost it".

He said the child got more upset and he "shook the baby" and when asked about bruising to the baby's ears he said he had slapped him on the face in an effort to make him responsive.

Ms Burns told judge Nolan the child is doing very well now.

Giollaiosa O Lideadha, defending, said his client "just lost it" and "couldn't cope".

"He's matured very significantly since," he said.

hnews@herald.ie

charlemont · 20-07-2011 5:55pm

Why did it take almost 3 Years to get to court ?

Naikon · 20-07-2011 5:55pm

The Herald. That alone speaks volumes about the credibility of the account. Someone is telling little porkies I think.

The Internet Explorer · 20-07-2011 5:57pm

Blast him with shotgun.

Morlar · 20-07-2011 5:58pm

Judge Martin Nolan - there is a name to watch out for.

Dangerous Man · 20-07-2011 5:58pm

Typical Irish defence lawyer:

'Ah Jaysus your honour - he's sorry! He was only messin'. He's turned his life around 180 degrees your honour. He's on a FAS course now. Making cabinets your honour. He didn't mean to bite the child on the face your honour - it was a doss. I know he nearly killed him but sure c'mon - we've all done stupid things. I'd let you off if it was you your honour. Don't be a bollix.'

charlemont · 20-07-2011 5:59pm

Naikon wrote: »

The Herald. That alone speaks volumes about the credibility of the account. Someone is telling little porkies I think.

You serious, iv never heard anything bad about the Herald but then I don't live in Dublin, Or are people just upset that the Herald unlike other regional papers actually report on everyday crime stories not just the big ones.

Saila · 20-07-2011 5:59pm

biting his nose off?

weird

why?

WHY

Chuck Stone · 20-07-2011 5:59pm

Why didn't the cretin just call someone, and walk away, if he couldn't cope?

Poor kid.

Dangerous Man · 20-07-2011 6:00pm

Naikon wrote: »

The Herald. That alone speaks volumes about the credibility of the account. Someone is telling little porkies I think.

No one is telling porkies. It's a court report.

sensibleken · 20-07-2011 6:01pm

Dangerous Man wrote: »

Typical Irish defence lawyer:

'Ah Jaysus your honour - he's sorry! He was only messin'. He's turned his life around 180 degrees your honour. He's on a FAS course now. Making cabinets your honour. He didn't mean to bite the child on the face your honour - it was a doss. I know he nearly killed him but sure c'mon - we've all done stupid things. I'd let you off if it was you your honour. Don't be a bollix.'

I was in court on thursday (as a witness) and every defence i heard was exactly this. every one was drugs or drink connected, every one had multiple previous and every one got a suspended sentence.

Naikon · 20-07-2011 6:02pm

charlemont wrote: »

You serious, iv never heard anything bad about the Herald but then I don't live in Dublin, Or are people just upset that the Herald unlike other regional papers actually report on everyday crime stories not just the big ones.

It's not so much that they tell outright lies, but be under no illusion - They pad stories and sometimes omit details to make the story sound more scandalous. I don't trust any tabloid not out of snobbery, but because I am aware some of the details border on fantasy.

Naikon · 20-07-2011 6:04pm

Dangerous Man wrote: »

No one is telling porkies. It's a court report.

Primary source? I would not treat a Herald reporting of a primary source as reliable. Until I see the court report, I stand by my assertion.

Killer Pigeon · 20-07-2011 6:05pm

1. He shouldn't have had his jail term suspended.

2. In my opinion, anyone who decides to have a child at 21 is an idiot, either that or he's an idiot for not using contraception and getting his girlfriend pregnant.

3. The case not only shows that the man is an idiot but he's also a monster and should be kept away from children.

Morlar · 20-07-2011 6:07pm

Naikon wrote: »

Primary source? I would not treat a Herald reporting of a primary source as reliable. Until I see the court report, I stand by my assertion.

This explains why the Herald are always getting sued for hundreds of thousands of euro compensation by all those scrotes for defamation etc. Oh, wait . .

Absurdum · 20-07-2011 6:08pm

sensibleken wrote: »

I was in court on thursday (as a witness) and every defence i heard was exactly this. every one was drugs or drink connected, every one had multiple previous and every one got a suspended sentence.

it works, they'll keep using those excuses til judges wake up

Naikon · 20-07-2011 6:10pm

Morlar wrote: »

This explains why the Herald are always getting sued for hundreds of thousands of euro compensation by all those scrotes for defamation etc. Oh, wait . .

It's a grey area. As I said, small lies are harder to petition for a case of action. Outright lies are risky, but the Herald does make up ****e. You will never get a 100% true reflection of the events. I promise you that.

Morlar · 20-07-2011 6:11pm

Absurdum wrote: »

it works, they'll keep using those excuses til judges wake up

I think there are a few scenarios here. One is that all judges are totally clueless about the repetitive formula defences that crop up regularly. They keep falling for it each time as they are very naturally gullible people.

Another is that they are totally aware of the false nature of them and still hand down suspended sentences either due to overcrowding or a very liberal attitude to crime and punishment.

charlemont · 20-07-2011 6:13pm

sensibleken wrote: »

I was in court on thursday (as a witness) and every defence i heard was exactly this. every one was drugs or drink connected, every one had multiple previous and every one got a suspended sentence.

Iv got a fair few relatively minor previous myself but Im shocked how someone could do that to a child and walk, Its scandalous, Any serious offence like that should result in a sentence. I once got 10days for a half ounce of hash of the same judge that dealt with Tim Allen and his child porn, Unbelievable country I bet if that baby biter was dealing hash he would be locked up..

mikemac · 20-07-2011 6:15pm

sensibleken wrote: »

I was in court on thursday (as a witness) and every defence i heard was exactly this. every one was drugs or drink connected, every one had multiple previous and every one got a suspended sentence.

My only court appearance was for the TV licence, I'm not comparing it to a serious case like the OP

Hands up, I was caught and got fined
Asked if I wanted to say anything and I didn't so "Nothing to say Judge"

I was a novice at court appearances.
The tracksuit brigade has stories of partners leaving them, between accomadation, working hard at FÁS courses and in treatment programmes.
One girl had her father tell the entire room about her battle with depression, that one was sad to be fair

These lot got no fine and were wished well by the Judge and got something called the probation act

I've no issue with my fine but judges definitly fall for sob stories.

WindSock · 20-07-2011 6:17pm

Chuck Stone wrote: »

Why didn't the cretin just call someone, and walk away, if he couldn't cope?

Poor kid.

I wouldn't have that much sympathy for him now, It's the baby I feel sorry for.

charlemont · 20-07-2011 6:20pm

Absurdum wrote: »

it works, they'll keep using those excuses til judges wake up

The issues these people have which cause the drink and drug misuse need to be tackled but these people can only tackle them themselves, No judge or Guard can change them, They can only change themselves, Its also a generational thing, I used to be always in trouble myself for about 3 years till I copped myself on and now my son is on a summer educational course so Iv got the most important thing right, which is to give my son a chance in life so he doesn't follow my mistakes.

chloek · 20-07-2011 6:21pm

I'm shocked the mother trusts him with the child now. I don't think I would leave my child with this type of person.

Dangerous Man · 20-07-2011 6:23pm

Naikon wrote: »

Primary source? I would not treat a Herald reporting of a primary source as reliable. Until I see the court report, I stand by my assertion.

You're entitled to do that but the problem, as I see it, is that there is very little scope for bull in these circumstances. This is information in the public domain; I'm not saying that newspapers / journalists don't make stuff up or act unethically - some do - but when you're dealing with court reports there is no room for messing about. You can only report the facts because if you don't you'll get found out immediately.

Sure, some may omit certain facts for the sake of spicing up a story but I think in this case the facts as they are presented speak pretty much for themselves. It would be difficult to presume of any mitigating factors in this situation outside of those already mentioned. That this man isn't in jail is just crazy.

pragmatic1 · 20-07-2011 6:28pm

If I was a relative of the mother jail would be the least of that scumbags problems.

Naikon · 20-07-2011 6:31pm

Dangerous Man wrote: »

You're entitled to do that but the problem, as I see it, is that there is very little scope for bull in these circumstances. This is information in the public domain; I'm not saying that newspapers / journalists don't make stuff up or act unethically - some do - but when you're dealing with court reports there is no room for messing about. You can only report the facts because if you don't you'll get found out immediately.

Sure, some may omit certain facts for the sake of spicing up a story but I think in this case the facts as they are presented speak pretty much for themselves. It would be difficult to presume of any mitigating factors in this situation outside of those already mentioned. That this man isn't in jail is just crazy.

I wonder did he plead temporary insanity? I will try dig up some facts about this. Court reports are public domain, yes.

mickydoomsux · 20-07-2011 6:36pm

Another example of Irish courts treating the accused as the victim.

We need to stop infantilising people like this guy and start treating scum like scum. Build more prisons, have harsher sentences or even any sentences at all would be nice.

Rehabilitation is a myth. Incredibly harsh punishment is what is needed. Look at all these kind of cases and pretty much any murder/manslaughter case, all the guys have 20+ priors. Our justice system is an utter farce.

charlemont · 20-07-2011 6:37pm

Naikon wrote: »

I wonder did he plead temporary insanity? I will try dig up some facts about this. Court reports are public domain, yes.

He probably wasn't in any trouble since the offence and seeing as it was over three years ago he gets the benefit of the doubt.
Yes, They should be public domain but its awfully hard to find information relating to court appearances, sentencing on the web here.

Dangerous Man · 20-07-2011 6:38pm

Get your sick bags ready

Man receives suspended sentence for biting attacks

Friday, March 26, 2010 - 07:43 PM

A man who absconded to Britain in 1998 after he severed one man’s ear and bit another man in the face more than 10 years ago has been given a four-year suspended sentence.

William Nolan (aged 36) started a new life as a bar manager and estate agent after taking flight before his original sentence date in 1998 but returned home in 2003 and suffered a number of accidents resulting in a civil settlement from which he can offer his victims compensation.

Nolan, of Joseph Plunkett Tower, Ballymun, pleaded guilty at Dublin Circuit Criminal Court to assaulting Brian Keegan and James Murray in the city centre on October 16, 1995.

Judge Martin Nolan said since the offence was committed Nolan had gone on to lead a “reasonably exemplary” life. He said one of the purposes of a custodial sentence was to prepare a defendant for civilized life but that Nolan had achieved this by himself.

Judge Nolan also ordered that €22,000 offered to Mr Keegan and Mr Murray by way of compensation be paid by a ratio 11:1 in favour of Mr Keegan.

Detective garda Denis Sexton told Mr Sean Gillane SC, prosecuting, that Nolan told gardaí he had “freaked” after a fight broke out between himself and Mr Keegan in a chipper on Dorset Street.

Nolan said he had bitten down on Mr Keegan’s ear “out of instinct” then run away.

He said he then met a friend, Mr John Harte, but began having a row with him and at that point was approached by Mr Murray and bit him on the face.

Det garda Sexton said Mr Keegan was brought to hospital and his partially severed ear recovered but it was not successfully reattached and the outer third of his ear was amputated.

He said Mr Keegan had been affected by his disfiguration for 13 years and felt that it influences people’s opinion of him as someone involved in violence.

He said Mr Murray had been worried and depressed by the bite to his face but it had not left a permanent scar.

Detective garda Denis Sexton told Mr Gillane that a fight broke out after an exchange of words in a chipper on Dorset Street between Nolan and Mr Keegan.

Mr Keegan had his ear severed when he was bitten after being grabbed from behind. Nolan ran from the chipper.

Mr Murray was on Fitzgibbon street later that night and came across a fight between Nolan and another man. When he went to break it up he was pulled by the jacket and bitten on the face by Nolan. Gardaí arrived and made arrests.

Det garda Sexton said Nolan, who has one previous conviction, had pleaded guilty to the offences in 1998 but absconded to Britain and failed to appear for his sentence date. He was brought back before the court on a bench warrant in June 2007.

Det garda Sexton agreed with defence counsel, Mr Ronan Kennedy BL, that Mr Keegan had initially been fighting with Mr Harte before Nolan got involved and there was a large pile of people fighting on the ground in the chipper.

He agreed that the second incident had arisen when Mr Harte and Nolan were fighting about what had happened in the chipper and were approached by Mr Murray. He agreed Nolan was fully co-operative during questioning.

Mr Kennedy submitted that Nolan regrets the incidents and wished to apologise to the injured parties. He said from his point of view he had thought his friend was in trouble but accepted his actions were disproportionate.

He said Nolan had a good work history in the family business until 1998 when a long term relationship had broken up. He said after he pleaded guilty to these charges Nolan felt his life was in a mess and took flight.

Mr Kennedy said Nolan worked as a bar manager and estate agent in Britain until 2003 when he became very ill and made a decision to return home.

He said Nolan had his nose fractured in an assault in 2006 and suffered a back injury in a car accident in March 2007. Those injuries were aggravated by another accident in November 2007 which had left him confined to bed but he could now move around using a crutch.

Read more: http://www.examiner.ie/breakingnews/ireland/man-receives-suspended-sentence-for-biting-attacks-451572.html#ixzz1SfTAeqzi

strobe · 20-07-2011 6:45pm

charlemont wrote: »

Why did it take almost 3 Years to get to court ?

This was the sentencing but it was probably the third or fourth time it has been in front of the court. It had probably been before the court a year or so ago and a probation report would have been requested. It had probably been up 'for mention' previous to that as well. 'For mention' is where they operate a sort of plate spinning operation where they just bring people in to court to say "yeah we haven't forgot about this one, we'll get to it in November or something maybe". It's still an insanely long time but it is in no way uncommon. The court system is clogged solid.

Morlar · 20-07-2011 7:08pm

Dangerous Man wrote: »

Judge Martin Nolan said since the offence was committed Nolan had gone on to lead a “reasonably exemplary” life.

Same hero judge in both cases.

Suspended sentence for biting a defenceless child

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