Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Judges are at it again with insulting sentences!

  • 09-06-2008 5:57pm
    #1
    Closed Accounts Posts: 13,992 ✭✭✭✭


    http://www.rte.ie/news/2008/0609/courts.html?rss

    Story is, bloke kills woman while driving twice over speed limit pleads guilty to a charge dangerous driving, he gets 3 yrs suspended sentence at trial.
    DPP appeals lenient sentence and today the sentence is changed to 120hrs community service!!

    Relative of victim who is understandably outraged throws a glass decanter at the wall in the courtroom and may end up with criminal charges and other charges.

    Whats the bets he will get more than 120hrs community service for throwing a piece of glass??

    Judges and their ivory towers. :mad:


Comments

  • Registered Users, Registered Users 2 Posts: 38,247 ✭✭✭✭Guy:Incognito


    gurramok wrote: »
    http://www.rte.ie/news/2008/0609/courts.html?rss

    Story is, bloke kills woman while driving twice over the drink driving limit, he gets 3 yrs suspended sentence at trial.
    DPP appeals lenient sentence and today the sentence is changed to 120hrs community service!!

    Relative of victim who is understandably outraged throws a glass decanter at the wall in the courtroom and may end up with criminal charges and other charges.

    Whats the bets he will get more than 120hrs community service for throwing a piece of glass??

    Judges and their ivory towers. :mad:


    It says twice the speed limit, not the drink drive limit.

    Still a lenient sentence though.

    Vehicular manslaughter ftw.(to be used as an offence, not a means of killing people)


  • Registered Users, Registered Users 2 Posts: 5,967 ✭✭✭Pyr0


    Jesus christ !! I'm not suprised that the victims relative could be charged, and again it wouldn't suprise me if he got more then yer man sentenced. The justice system in this country is an absolute joke ! I don't know how any judge could have the nerve to charge somebody with "criminal damages" over a completely justified reaction IMO, if that was me I'd want to thrash the place myself, I guess he actually went for it ! :p


  • Closed Accounts Posts: 14,277 ✭✭✭✭Rb


    That's a disgrace.

    I hope he has at least been taken off the road for life?

    The justice system in this country is beyond a joke at this stage. Whether it'll ever been amended, God only knows.


  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    I've read the link from RTE and see absolutly no reference about drink driving.
    Confused :confused:

    What were they charged with OP?


  • Closed Accounts Posts: 106 ✭✭who's yer one?


    Stekelly wrote: »
    It says twice the speed limit, not the drink drive limit.

    Still a lenient sentence though.

    Vehicular manslaughter ftw.

    still killed someone, whether he was a drunk idiot or an idiot going too fast. i'd be throwing all kinds of stuff at the wall if that was someone close to me. how do these folk get to be judges? some sort of raffle at the xmas party?:confused:


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 38,247 ✭✭✭✭Guy:Incognito


    Lads, twice the speed loimit not drink drive limit.


  • Registered Users, Registered Users 2 Posts: 5,563 ✭✭✭connundrum


    I've ceased to be amazed at stories like this, purely in an attempt to keep my blood pressure at a semi normal level.

    Last week there was the guy who got in a fight with his mate, went off and got a big, sharp knife and then stabbed him to death. 8 ****in years the accused received. 8 years!

    From that sentencing:
    Passing sentence, Mr Justice Paul Carney said he had to balance Green's previous good character and his offer to plead guilty to manslaughter with the fact that he had armed himself with a sharp knife and the effect the killing had on the victim's family.

    Good character? He murdered another kid! Retrieved a knife, stabbed and murdered another person. Bah!

    As for the OP case, it genuinely does seem like the judge was taking the mickey. The judges seem very much to lean in favour of the accused's character and family background, softening the truth of the actual crime committed.

    A person died due to another persons stupidity, the stupid person must be punished accordingly, and the greater public must learn that driving at speed can a) cause death and b) get you banged up.


  • Closed Accounts Posts: 28,128 ✭✭✭✭Mossy Monk


    Community service for killing someone while speeding is an outrage. That judge should be sacked.
    micmclo wrote: »
    I've read the link from RTE and see absolutly no reference about drink driving.
    Confused :confused:

    What were they charged with OP?

    Driving at twice the speed limit is just as bad imo. Read the article and you will see what they were charged with


  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    Mossy Monk wrote: »
    Driving at twice the speed limit is just as bad imo. Read the article and you will see what they were charged with

    Agreed!
    I did read the article and it's different to the OP's post, that's why I was asking. One shows speeding and the other shows drink driving.

    But seems to be a typo so all cleared up now :)


  • Closed Accounts Posts: 13,992 ✭✭✭✭gurramok


    Yeh typo, i misread it as drink driving rather than dangerous driving, i was reading another case about the same time, apologies.

    Still this case really takes the mick.

    So there we have it, go twice the speed limit, knock over and kill someone with dangerous driving and you get away from community service, thats the message for road safety. :mad:


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 17,727 ✭✭✭✭Sherifu


    Ok, OP changed back to the sentencing...

    It's a joke.


  • Registered Users, Registered Users 2 Posts: 2,478 ✭✭✭magick


    Fu*k gta its more like GTA Ireland edition , do any crime u want rape/murder etc then press down down down lef left Square and the Judge cheat will get u out within minutes!


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    Relative ease of AH topics in descending order:

    1. Skangers
    2. The criminal justice system
    3. Roma
    4. Miscellaneous xenophobia
    5. Bodily functions

    Any questions?


  • Closed Accounts Posts: 37,214 ✭✭✭✭Dudess


    LOL :D

    You forgot threads about random horrific crimes and the recommended equally horrific punishments for the perpetrators.


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    Dudess wrote: »
    LOL :D

    You forgot threads about random horrific crimes and the recommended equally horrific punishments for the perpetrators.
    "I DEMAND VENGENENANENAGCE!!!!13! BLOOOOD YOU HEAR ME. BLOOD"

    Basically, the Evening Herald in internet form, after huffing paint thinners for the afternoon.


  • Registered Users, Registered Users 2 Posts: 38,247 ✭✭✭✭Guy:Incognito


    Dudess wrote: »
    LOL :D

    You forgot threads about random horrific crimes and the recommended equally horrific punishments for the perpetrators.


    Think thats falls under no2.


  • Closed Accounts Posts: 9,082 ✭✭✭lostexpectation


    http://www.rte.ie/news/2008/0609/courts.html?rss

    the judge is most worried about security of the perpertrator, should he be worried aobut his security, they may have been problem with teh trial, but god the jduge better explain himself quick


  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    I'm always amazed at how people are so quick to judge without having all the facts. The report doesn't even say how fast he was actually going. Twice the speed limit could have been 30mph. Did the victim suddenly run out on the road? There could be extenuating circumstances for all anyone knows.

    The fact is it was an accident, which tend to happen. It could probably happen to any one of us - be it as victim or perpetrator. What interests are served by putting this guy behind bars?

    He has to live with this for the rest of his life. Probably the worst punishment of all.

    If he had done it on purpose & got off light, then the anger would be warranted.


  • Registered Users, Registered Users 2 Posts: 33,754 ✭✭✭✭Princess Consuela Bananahammock


    Robbo wrote: »
    Relative ease of AH topics in descending order:

    1. Skangers
    2. The criminal justice system
    3. Roma
    4. Miscellaneous xenophobia
    5. Bodily functions

    Any questions?

    Boards.ie - A Real Irish Sunday!

    Everything I don't like is either woke or fascist - possibly both - pick one.



  • Closed Accounts Posts: 58 ✭✭Stinger-bar


    Maximilian wrote: »
    I'm always amazed at how people are so quick to judge without having all the facts. The report doesn't even say how fast he was actually going.

    The fact is it was an accident, which tend to happen. It could probably happen to any one of us - be it as victim or perpetrator. What interests are served by putting this guy behind bars?

    He has to live with this for the rest of his life. Probably the worst punishment of all.

    Twice the legal limit. That fast enough for ya? I'm always amazed to see people like you defending these people. How many ads are on our screens daily telling us the dangers of speeding? All this judgement does is tell the country that it's not that bad to speed...


  • Advertisement
  • Closed Accounts Posts: 14,277 ✭✭✭✭Rb


    Maximilian wrote: »
    I'm always amazed at how people are so quick to judge without having all the facts. The report doesn't even say how fast he was actually going. Twice the speed limit could have been 30mph. Did the victim suddenly run out on the road? There could be extenuating circumstances for all anyone knows.

    The fact is it was an accident, which tend to happen. It could probably happen to any one of us - be it as victim or perpetrator. What interests are served by putting this guy behind bars?

    He has to live with this for the rest of his life. Probably the worst punishment of all.

    If he had done it on purpose & got off light, then the anger would be warranted.
    If, for example, the speed limit he broke was 50km so he was doing 100km, should he get a light sentence and just the guilt of having to live with it? It's careless driving, by doing so he showed no regard for his own safety and those of other road users/pedestrians and should be punished accordingly for what his stupid actions caused.


  • Registered Users, Registered Users 2 Posts: 2,021 ✭✭✭m83


    To be honest i'd say the accused could now very easily be a marked man. And rightly so.


  • Registered Users, Registered Users 2 Posts: 37,315 ✭✭✭✭the_syco


    That's pretty cool. A way of legally killing someone...


  • Registered Users, Registered Users 2 Posts: 3,290 ✭✭✭dresden8


    the_syco wrote: »
    That's pretty cool. A way of legally killing someone...

    Whoa, slow down there. He did get 120 hours of painting walls for killing someone. Cruel and unusual punishment or what. He now carries the mark of Cain. How can we be so evil and vengeful?

    Shame on us.


  • Registered Users, Registered Users 2 Posts: 2,528 ✭✭✭TomCo


    the_syco wrote: »
    That's pretty cool. A way of legally killing someone...

    I was thinking the same thing, last one to run Enda Kenny over is a rotten egg!


  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    m83 wrote: »
    To be honest i'd say the accused could now very easily be a marked man. And rightly so.

    Rightly so? String him up perhaps? God this is almost a Pythonesque comment. He turned me into a newt.
    Twice the legal limit. That fast enough for ya? I'm always amazed to see people like you defending these people. How many ads are on our screens daily telling us the dangers of speeding? All this judgement does is tell the country that it's not that bad to speed...

    No it doesn't say that. Do you think when people read a person died & speeding was involved, they can't make that connection themselves? Do you honestly believe someone will now disregard speed limits because of this case?

    I don't know what you mean by "people like you" - do explain.

    Also, where do you get off suggesting I condone speeding?

    Frankly, I expected responses like this. I should have learned after the Roma thread.


  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    Rb wrote: »
    If, for example, the speed limit he broke was 50km so he was doing 100km, should he get a light sentence and just the guilt of having to live with it? It's careless driving, by doing so he showed no regard for his own safety and those of other road users/pedestrians and should be punished accordingly for what his stupid actions caused.

    The judge did punish him according to his actions. He did so based on a set of facts that did not entirely comprise a one page RTE summary.

    The lowest legal speed limit is 30kph I think. Who among us can say thay haven't perhaps inadverently driven at 60kph in such a speed zone?

    While everyone runs off to grab small piece of stone, here's a handy website.


  • Registered Users, Registered Users 2 Posts: 9,255 ✭✭✭anonymous_joe


    http://www.rte.ie/news/2008/0609/courts.html?rss

    the judge is most worried about security of the perpertrator, should he be worried aobut his security, they may have been problem with teh trial, but god the jduge better explain himself quick

    I think judges are entitled to worry about their personal security?


  • Closed Accounts Posts: 9,082 ✭✭✭lostexpectation


    clearly the relative didn't see justice being had we don't see it either so it just the judges mind that we all have depend on.


  • Advertisement
  • Closed Accounts Posts: 696 ✭✭✭gogglebok


    Robbo wrote: »
    Basically, the Evening Herald in internet form, after huffing paint thinners for the afternoon.

    I still prefer "now ye're talking", but this is a very compelling suggestion.


  • Closed Accounts Posts: 1,047 ✭✭✭bill_ashmount


    Maximilian wrote: »

    He has to live with this for the rest of his life. Probably the worst punishment of all.


    Boo-hoo for him.


  • Registered Users, Registered Users 2 Posts: 9,255 ✭✭✭anonymous_joe


    clearly the relative didn't see justice being had we don't see it either so it just the judges mind that we all have depend on.

    Well let's put it this way:

    1. Judges are only human. They may make mistakes.

    2. They're traditionally more experienced in the field of sentencing than the vast majority of the public.

    3. Was anyone here for the entirety of whichever case you're complaining about? This isn't a criticism of you, by the way, merely pointing out that in a very high percentage of cases, the general public is getting a very sketchy outline, not the full picture so to speak.


  • Registered Users, Registered Users 2 Posts: 1,030 ✭✭✭heyjude


    Its sentencing like this that leads to calls for mandatory sentencing


  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    heyjude wrote: »
    Its sentencing like this that leads to calls for mandatory sentencing

    And then we're one step closer to a lovely dystopian police state future for all our children.


  • Registered Users, Registered Users 2 Posts: 1,030 ✭✭✭heyjude


    Maximilian wrote: »
    And then we're one step closer to a lovely dystopian police state future for all our children.

    Would you still feel this way if your child had been killed by a speeding driver, who initially received a suspended sentence in punishment ?


  • Advertisement
  • Closed Accounts Posts: 28,128 ✭✭✭✭Mossy Monk


    heyjude wrote: »
    Would you still feel this way if your child had been killed by a speeding driver, who initially received a suspended sentence in punishment ?

    WTF are you on about. What you are describing is a clouded judgement.


  • Closed Accounts Posts: 1,985 ✭✭✭pvt.joker


    magick wrote: »
    fu*k Gta Its More Like Gta Ireland Edition , Do Any Crime U Want Rape/murder Etc Then Press Down Down Down Lef Left Square And The Judge Cheat Will Get U Out Within Minutes!


    :d:d:d


  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    heyjude wrote: »
    Would you still feel this way if your child had been killed by a speeding driver, who initially received a suspended sentence in punishment ?

    I imagine I would want to kill him of course. Your point?


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    Dangerous driving causing death is a particularly difficult area to sentence people in. In some cases, the only reason to send someone to jail is to make the victim's family get their retribution. Looked at dispassionately, I think it is much better to have something productive come out of the tragedy rather than sending people to jail for the look of it.

    gurramok wrote: »
    Whats the bets he will get more than 120hrs community service for throwing a piece of glass??

    Most likely he'll get probation or a small fine.

    connundrum wrote: »
    I've ceased to be amazed at stories like this, purely in an attempt to keep my blood pressure at a semi normal level.

    What you fail to realise, is that of the 3,000 indictable and the tens of thousands of summary crimes prosecuted each year, the media will make great headlines with the 20 or so decisions that they have primed you to make your blood pressure rise over.
    connundrum wrote: »
    Last week there was the guy who got in a fight with his mate, went off and got a big, sharp knife and then stabbed him to death. 8 ****in years the accused received. 8 years!

    Good character? He murdered another kid! Retrieved a knife, stabbed and murdered another person. Bah!

    As for the OP case, it genuinely does seem like the judge was taking the mickey. The judges seem very much to lean in favour of the accused's character and family background, softening the truth of the actual crime committed.

    It seems to me that what you take issue with is not the actual sentence, but the fact that the offenders circumstances should be taken into consideration. The idea that points in his favour should be mentioned seems to be what annoys you, not the actual sentences. But do you not understand that not even considering the offender's circumstances would create far more injustice than simply banging them up.
    Mossy Monk wrote: »
    Community service for killing someone while speeding is an outrage. That judge should be sacked.

    To be replaced with what exactly?
    Rb wrote: »
    If, for example, the speed limit he broke was 50km so he was doing 100km, should he get a light sentence and just the guilt of having to live with it? It's careless driving, by doing so he showed no regard for his own safety and those of other road users/pedestrians and should be punished accordingly for what his stupid actions caused.

    Do you drive outside of Dublin much? Have you ever gone through a "village" in rural Mayo that has no speed signs and nothing but a house and a pub, but which nevertheless has (unbeknownst to you) a speed limit of 50kph?

    I'm not saying that this excuses it, but rather that our roads are very dangerous, our speed limits arbitrary, and our road signs missing or hidden in many parts of the country.
    the_syco wrote: »
    That's pretty cool. A way of legally killing someone...

    You know it's not. link
    heyjude wrote: »
    Would you still feel this way if your child had been killed by a speeding driver, who initially received a suspended sentence in punishment ?

    I don't know how I would feel, and to be honest, most people don't. However, I hate when people abuse victims like you are doing here - you are using their tragic circumstances to vent your own anger at the criminal justice system.
    gurramok wrote:
    Judges and their ivory towers. :mad:

    And you in yours.


  • Registered Users, Registered Users 2 Posts: 927 ✭✭✭Icaras


    Maximilian wrote: »
    I'm always amazed at how people are so quick to judge without having all the facts. The report doesn't even say how fast he was actually going. Twice the speed limit could have been 30mph. Did the victim suddenly run out on the road? There could be extenuating circumstances for all anyone knows.

    The fact is it was an accident, which tend to happen. It could probably happen to any one of us - be it as victim or perpetrator. What interests are served by putting this guy behind bars?

    He has to live with this for the rest of his life. Probably the worst punishment of all.

    If he had done it on purpose & got off light, then the anger would be warranted.


    100% agree.
    This could have been some guy with a good job (or pays his taxes), young family and mortgage, I wouldn't like to see him in jail and his family homeless because of an accident.
    Of course on the other hand it could be some scumbag going 100mph in his souped up ford feista - the point is we dont know all the facts and are in no position to judge.


  • Advertisement
  • Closed Accounts Posts: 3,556 ✭✭✭MizzLolly


    Maximilian wrote: »
    He has to live with this for the rest of his life. Probably the worst punishment of all.

    The victims family have to live without their loved one for the rest of their lives.
    Maximilian wrote: »
    Do you honestly believe someone will now disregard speed limits because of this case?
    Of course not. It does suggest that taking the life of another person is not really that big of a deal. I totally understand your point and of course the guy didn't leave his house with the intention to kill. It is unfortunate and very, very tragic but he still broke the law and a life was lost due to this. Maybe he will live haunted by it everyday of his life and in that sense, I really do sympathise with him but he did break the law. The lenient sentencing only suggests that it was ok for him to do so. Both sides of this story is tragic but at the end of the day, he was driving above the speed limit and killed a person.
    Maximilian wrote: »
    And then we're one step closer to a lovely dystopian police state future for all our children.

    That'll be the least of our worries if the justice system isn't sorted soon.
    Icaras wrote: »
    100% agree.
    This could have been some guy with a good job (or pays his taxes), young family and mortgage, I wouldn't like to see him in jail and his family homeless because of an accident.
    Of course on the other hand it could be some scumbag going 100mph in his souped up ford feista - the point is we dont know all the facts and are in no position to judge.

    It makes absolutely NO difference if he was a rich taxpayer or a scumbag on the dole. He broke the law. Somebody died as a result. There have been much harsher sentences given for minor offences where nobody lost their life. I think that's what everyone is taking issue with. It's not that I think the man should suffer any more, I'm sure he is already broken by it but the law is there for a reason. I agree that there are far worse offences that should be dealt with. The man had a good record and wasn't in trouble before. That's what differentiates him from the scumbags that constantly break the law and cause bother. So of course he shouldn't get as harsh of a punishment for an unintentional mistake. 120 hours of community service for taking the life of another person is a joke however. As I said before, he broke the law and a person lost their life. It is very tragic but all that judge has done is made little of the laws that are already in place. Maybe if people feared harsher sentences they would be less inclined to speed and break the law.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    MizzLolly wrote: »
    The victims family have to live without their loved one for the rest of their lives.

    Are you suggesting that two wrongs make a right? The reality is that there are hundreds of road deaths each year, and approx 80 dangerous driving causing death prosecutions. This is because accidents do happen and usually where there is no prosecution it is because the other driver(s) were not legally culpable. Those that are prosecuted are culpable on a range from the minor acts of dangerous driving to maniacal acts of dangerous driving, and the sentences range from suspended sentences up to 10 years imprisonment depending on the level of culpability and the circumstances of the offender. It might sound callous to you, but if the families of people killed on the roads were all entitled to see someone go to jail because of it, you would create massive injustice.

    MizzLolly wrote: »
    Of course not. It does suggest that taking the life of another person is not really that big of a deal. I totally understand your point and of course the guy didn't leave his house with the intention to kill. It is unfortunate and very, very tragic but he still broke the law and a life was lost due to this. Maybe he will live haunted by it everyday of his life and in that sense, I really do sympathise with him but he did break the law. The lenient sentencing only suggests that it was ok for him to do so. Both sides of this story is tragic but at the end of the day, he was driving above the speed limit and killed a person.

    No it doesn't. It suggests that sending this particular person to jail for this particular offence would be contrary to justice and/or would serve no purpose other than to appease the media and give the family some retribution. It was not ok for him to do what he did, but despite the tragic death of the other person, what he did was less deserving of imprisonment than, for example, an assault causing harm.
    MizzLolly wrote: »
    That'll be the least of our worries if the justice system isn't sorted soon.

    Suggesting that the justice system needs to be sorted soon is kinda like saying "The hospitals better sort out this cure for cancer thing soon" - you are looking at it in a simple way and demanding simple solutions, but you are refusing to look at it from a realistic point of view. If you want to argue this line, you should:
    1) say what you think is wrong with the system at the moment;
    2) say why you believe it is wrong;
    3) say what you think could remove this wrong;
    4) say what improvement should replace it.

    To simply say "I demand harsher sentences" in a random selection of cases (typically the ones selected by the media to cause most outrage by a deliberately misleading emphasis on the facts) without reference to the above, and using this to suggest that there is a systemic failure in the justice system that needs to be "sorted out" is a very lazy way to look at it.
    MizzLolly wrote: »
    It makes absolutely NO difference if he was a rich taxpayer or a scumbag on the dole. He broke the law. Somebody died as a result.

    I think you have made the mistake common on after hours of thinking that scumbag means poor. It does not. A scumbag is a miscreant, anti-social or violent / repeat offender. The term has nothing to do with socio-economic status, although some prejudiced people use it to mean a poor person.

    MizzLolly wrote: »
    There have been much harsher sentences given for minor offences where nobody lost their life.

    Would you accept that the seriousness of an offence and the serious consequences of an offence are two different things?
    MizzLolly wrote: »
    So of course he shouldn't get as harsh of a punishment for an unintentional mistake. 120 hours of community service for taking the life of another person is a joke however.

    What you seem to be suggesting is that because someone died as a result of this unintentional mistake he should be severely punished. If a surgeon makes an unintentional mistake which results in a death, should he also be severely punished? At the end of the day, retribution cannot always correspond with the harm suffered. The courts instead have to look at the offence committed and decide what is the appropriate way of marking that offence.
    MizzLolly wrote: »
    As I said before, he broke the law and a person lost their life. It is very tragic but all that judge has done is made little of the laws that are already in place. Maybe if people feared harsher sentences they would be less inclined to speed and break the law.

    You know that's not true. Harsher sentences are not a deterrent. Greater detection rates however, is a very good deterrent. So what we really need to prevent road traffic accidents is more and better equipped gardai and better roads, and a continuation of what, it must be said, is an excellent awareness campaign by the RSA. However, this would cost a load of money, whereas blaming judges costs nothing. So when it comes to deciding what is to be done to prevent further road deaths, do you want to get off your ass and demand more public services and pay the consequential increases in taxes, or do you want to sit down and blame judges for all your woes - not based on the judicial system in general, but on one case only.


  • Closed Accounts Posts: 3,556 ✭✭✭MizzLolly


    Are you suggesting that two wrongs make a right? The reality is that there are hundreds of road deaths each year, and approx 80 dangerous driving causing death prosecutions. This is because accidents do happen and usually where there is no prosecution it is because the other driver(s) were not legally culpable. Those that are prosecuted are culpable on a range from the minor acts of dangerous driving to maniacal acts of dangerous driving, and the sentences range from suspended sentences up to 10 years imprisonment depending on the level of culpability and the circumstances of the offender. It might sound callous to you, but if the families of people killed on the roads were all entitled to see someone go to jail because of it, you would create massive injustice.
    No it doesn't. It suggests that sending this particular person to jail for this particular offence would be contrary to justice and/or would serve no purpose other than to appease the media and give the family some retribution. It was not ok for him to do what he did, but despite the tragic death of the other person, what he did was less deserving of imprisonment than, for example, an assault causing harm..

    Yeah and that's why I said above that I don't believe his punishment should be as severe as those handed out to re-offending criminals! You seem to be forgetting that a person died. Community service should be given out for people caught spray painting walls. Not breaking a speed limit, driving TWICE the speed and killing a person. What's this 'two wrongs don't make it right', thing all about??!!! How do you figure punishing a person for breaking the law is wrong?


    Suggesting that the justice system needs to be sorted soon is kinda like saying "The hospitals better sort out this cure for cancer thing soon" - you are looking at it in a simple way and demanding simple solutions, but you are refusing to look at it from a realistic point of view. If you want to argue this line, you should:
    1) say what you think is wrong with the system at the moment;
    2) say why you believe it is wrong;
    3) say what you think could remove this wrong;
    4) say what improvement should replace it.

    To simply say "I demand harsher sentences" in a random selection of cases (typically the ones selected by the media to cause most outrage by a deliberately misleading emphasis on the facts) without reference to the above, and using this to suggest that there is a systemic failure in the justice system that needs to be "sorted out" is a very lazy way to look at it. .

    Lazy? Oh dear, was I supposed to be saving the world? Oppps boards.ie must have sidetracked me. I have to say having read some of your other posts, the level of hypocrisy in this particular case is unexpected. You mostly make good arguments, very well thought out statements. Yet here you're passing judgement on me (suggesting I'm lazy...:confused: wtf?) and making it more about ME than the actual case. Where do you get off doing that?

    I think you have made the mistake common on after hours of thinking that scumbag means poor. It does not. A scumbag is a miscreant, anti-social or violent / repeat offender. The term has nothing to do with socio-economic status, although some prejudiced people use it to mean a poor person..

    Again, assuming I've 'missed' something and suggesting that I am wrong in my opinion. So because it's not what you believe, I must be wrong?! I was responding there to a comment made by another poster who mentioned a difference between well to do taxpayers and scumbags. Why in the name of God are you suggesting that I am 'prejudiced'? I believe I've stated more than once that I sympathise with both sides of this tragic case.
    What you seem to be suggesting is that because someone died as a result of this unintentional mistake he should be severely punished. If a surgeon makes an unintentional mistake which results in a death, should he also be severely punished? At the end of the day, retribution cannot always correspond with the harm suffered. The courts instead have to look at the offence committed and decide what is the appropriate way of marking that offence..

    Exactly and given that the guy broke the law and killed a person, community service was not an appropriate sentence.... in my opinion.(my ''prejudiced'', ''mistaken'' and ''lazy'' point of view)

    You know that's not true. Harsher sentences are not a deterrent. Greater detection rates however, is a very good deterrent. So what we really need to prevent road traffic accidents is more and better equipped gardai and better roads, and a continuation of what, it must be said, is an excellent awareness campaign by the RSA. However, this would cost a load of money, whereas blaming judges costs nothing. So when it comes to deciding what is to be done to prevent further road deaths, do you want to get off your ass and demand more public services and pay the consequential increases in taxes, or do you want to sit down and blame judges for all your woes - not based on the judicial system in general, but on one case only.

    Again, I'm more than flattered that you believe that I alone am capable of saving the world. From what I can see, you're posting on boards.ie suggests that perhaps you should be taking your own advice rather than making personal assumptions based on an opinion piece.


    It is ridiculous the amount of times Boards.ie posters resort to making personal comments to other posters who dared to have an opposing opinion. I was not one of the posters that suggested that he should be physically harmed for what he did or even locked up for a long time. I simply said that I believed that 120hours of community service seemed to be a very minor punishment given that he was driving twice the speed limit. I sympathised with him and his family as I did for the victim and her family. I did not suggest that anyone should be harmed or given a severe punishment. So please, explain to me, what exactly I said that warranted you insinuating that I am a lazy and prejudiced person?


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    MizzLolly wrote: »
    Yeah and that's why I said above that I don't believe his punishment should be as severe as those handed out to re-offending criminals! You seem to be forgetting that a person died. Community service should be given out for people caught spray painting walls. Not breaking a speed limit, driving TWICE the speed and killing a person. What's this 'two wrongs don't make it right', thing all about??!!! How do you figure punishing a person for breaking the law is wrong?

    You seem to be suggesting that because someone died in a dangerous driving incident that imprisonment must follow no matter what the circumstances were. But to what end? Taking a black and white view of it can prevent justice from being done.
    MizzLolly wrote: »
    Lazy? Oh dear, was I supposed to be saving the world? Oppps boards.ie must have sidetracked me. I have to say having read some of your other posts, the level of hypocrisy in this particular case is unexpected. You mostly make good arguments, very well thought out statements. Yet here you're passing judgement on me (suggesting I'm lazy...:confused: wtf?) and making it more about ME than the actual case. Where do you get off doing that?

    Well I didn't mean it as personal abuse, but I do think that it simply assuming that the justice system is wrong and needs to be sorted is a lazy view. That is not to say that you are lazy, but that such a view is. I'm not passing judgement on you, and I don't think I'm being hypocritical, but if you want to suggest that the justice system is broken, say what exactly needs to be fixed.
    MizzLolly wrote: »
    Again, assuming I've 'missed' something and suggesting that I am wrong in my opinion. So because it's not what you believe, I must be wrong?! I was responding there to a comment made by another poster who mentioned a difference between well to do taxpayers and scumbags. Why in the name of God are you suggesting that I am 'prejudiced'? I believe I've stated more than once that I sympathise with both sides of this tragic case.

    Icaras said scumbag and you inferred that he was on the dole.
    MizzLolly wrote: »
    Exactly and given that the guy broke the law and killed a person, community service was not an appropriate sentence.... in my opinion.(my ''prejudiced'', ''mistaken'' and ''lazy'' point of view)

    Why? What purpose will be served by sending him to jail? Is it appropriate to send everyone guilty of dangerous driving causing death to jail? There are a number of interested parties in the sentence:

    A. Deceased's family - depending on the circumstances (and usually their relationship with the driver) they will sometimes think it is appropriate to send the driver to prison, other times they won't.

    B. The driver - what is the best way to prevent this person from committing another offence and to punish him for this offence - here the level of punishment varies according to the level of blameworthiness of the driver. Many people who are involved in raod traffic accidents that result in death are deeply emotionally scarred by it.

    C. The State - from a cost benefit analysis and ensuring the stability of the criminal justice system is prison appropriate. Generally, does the possibility of avoiding a prison sentence by pleading guilty avoid a costly trial that might not result in a conviction, and at a rate of €100,000 per year and the loss of revenue from the person's working & community service, is there benefit to be gained from sending the person to jail?

    D. The public at large - the public need to see justice being done and to see crime deterred. Will a prison sentence actually deter further such offences?
    MizzLolly wrote: »
    It is ridiculous the amount of times Boards.ie posters resort to making personal comments to other posters who dared to have an opposing opinion. I was not one of the posters that suggested that he should be physically harmed for what he did or even locked up for a long time. I simply said that I believed that 120hours of community service seemed to be a very minor punishment given that he was driving twice the speed limit. I sympathised with him and his family as I did for the victim and her family. I did not suggest that anyone should be harmed or given a severe punishment. So please, explain to me, what exactly I said that warranted you insinuating that I am a lazy and prejudiced person?

    I certainly didn't intend to make personal comments and if it came across like that then I apologise, but I don't accept as axiomatic that a higher sentence (implicitly, a prison sentence) should be imposed irrespective of circumstances, where the offence is dangerous driving causing death as a result of speeding.


  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    MizzLolly wrote: »
    The victims family have to live without their loved one for the rest of their lives.

    Obviously but I wasn't talking about the victims.
    MizzLolly wrote: »
    Of course not. It does suggest that taking the life of another person is not really that big of a deal. I totally understand your point and of course the guy didn't leave his house with the intention to kill. It is unfortunate and very, very tragic but he still broke the law and a life was lost due to this. Maybe he will live haunted by it everyday of his life and in that sense, I really do sympathise with him but he did break the law. The lenient sentencing only suggests that it was ok for him to do so. Both sides of this story is tragic but at the end of the day, he was driving above the speed limit and killed a person.

    Of course it doesn't say "its ok to kill someone". It seems clear that although there recklessness was a factor, this was largely an accident. Nobody is going to be more willfully reckless as a result of this.


Advertisement