Is the term peace officer merely a decoration on our statute books-3 Gardaí assaulted

joefish

http://www.independent.ie/national-news/five-years-jail-for-hannibalstyle-attack-on-garda-1601981.html

A garda inspector was subjected to a terrifying 'Hannibal Lecter-style' attack by a prisoner facing serious charges.

Inspector Pat McHugh was set upon as Dean Wallace was being remanded in custody by Galway District Court.

It took four gardai to restrain Wallace (19) and get him to release his teeth from the inspector's face.

Less than 48 hours earlier, Wallace had attacked two gardai and bitten deeply into the forearm of one of them, Galway Circuit Court heard yesterday.

Wallace of Market Hill, Clifden had pleaded guilty to assaulting Inspector McHugh causing him harm at Galway District Court on May 13 last.

He also admitted assaulting Garda John Collins, with intent to cause him serious bodily harm at Clifden on May 11, producing a knife while assaulting Garda Conor Barrett on the same occasion, and he further pleaded guilty to burglary at Clifden also on the same date.

Judge Raymond Groarke sentenced Wallace to a total of five years in prison, but agreed to suspend the final two-and-a-half-years on a series of strict conditions.

At his sentencing hearing yesterday, Judge Groarke was told that gardai had identified Wallace as one of two men who had kicked in the window of a Clifden bar and made off with bottles of spirits on the night of May 11.

Two gardai had later called to his home but he was not there. When he arrived home, he went into a rage and grabbed a knife to search for the two gardai.

Sergeant Tom Butler told the court he spotted Gardai Collins and Barrett in a patrol car. Wallace leaned into the window of the driver's side and began to assault Garda Collins.

Lockjawed

Garda Barrett tried to restrain him and Wallace 'lockjawed' his teeth onto the left forearm of Garda Collins.He then attacked both gardai with a bottle and took out a knife.

The gardai and two off-duty officers who arrived at the scene backed off and allowed the knife-wielding Wallace to leave.

After his arrest, Wallace was then taken to a special court in Galway on May 13 at which he appeared on the charges arising from the incidents in Clifden.

Wallace's mother, who was in court, became upset and, in turn, Wallace became agitated in the witness box.

Wallace jumped out of the witness box and attacked Insp McHugh, biting into his right cheek.

Judge Groarke described Wallace as an extreme danger to himself, to other people and to his own family.

In light of the above I'd like to hear your views and more pertinent the views of current members in relation to the above

Wallace committed a flurry of offences,

1. Californian law i.e. the three-strike rule would see Wallace serving life for the above
2. New York law given the presence of injury would see Wallace serve Minimum 10 yrs to life imprisonment
3. Wallace as per Irish Law and mentality will serve 2.5yrs with the remainder suspended and indeed the 2.5 yrs he will answer for me be cut short

Wallace was tried in the Circuit court given the blatant indictable nature of his crimes yet:

1. Sec 3 Non Fatal Offence against the person Act 1997 (x 2 Gardai and one inspector) Assualt Causing Harm - Indictment - ( b ) on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or to both.
   
2. Assault of a peace officer (x 2 Gardai) Sec 19 Public Order Act 1994 - on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or to both.
   
3. Sec 13 Non fatal Offences against the person (endangerment) (7 years)
   
4. Sec 12 - Burglary - Criminal Justice Theft and fraud Offences Act 2001 (7 years)

These are all offences Wallace pleaded guilty to and was tried for yet all offences were dealt with concurrent and not consecutive

Is this now a worrying precedent for An Garda Siochana and is this now a carte blanche for those who wish to main and indeed attempt to kill Guardians of the peace

deadwood

Is this ongoing?

Shocking stuff.

kwalsh000

What is even more worrying is that it states he attacked an inspector while in court, and i assume the judge was awake for this part. Yet he only got such a small sentence even though some people may have committed a lesser offence and received a similar sentence.

To me this all goes to show that judges need a serious overhaul or just a slap and cop on to what is happening out there. Anyone committing any assault of that nature should receive the maximum sentence possible and if its against any member of the emergency services then add on a good few more years to the maximum sentence. The fact that people can get away for the most part with attacking the fire service, ambulance service, gardai and a&e staff is a disgrace, but unfortunately it will probably take an attack on a judge for something to happen.

metman

The sickening sentencing practices continue and the courts let us down time and time again.

For those that want to hear someone talk sense, listen to this man (I've posted this before I think, but its worth listening to again);

https://www.youtube.com/watch?v=qUMY88j3Eo0

metman

From The Irish Times....

Teenager jailed for biting gardaí

A Clifden teenager was sentenced to five years in prison yesterday with two-and-a-half years suspended after pleading guilty to biting a Garda inspector in the face while a court was in session and for biting another garda on the arm in a separate assault.

Galway Circuit Criminal Court heard that Dean Wallace(19), of Market Hill, Clifden, had developed a deep-seated hatred and resentment towards gardaí in Clifden.

That makes it somehow more acceptable? :rolleyes: Scumbag. He should be doing 10 years minimum.

Sierra Oscar

Blatant assault, and in a court too! That sentence is leniant in my opinion, especially when you take the suspended years into account.

TheNog

That is a bull**** sentence from a bull**** judicial system. Even the district judge in my area is now saying that we should take verbal abuse from people.

But where are the GRA? I didnt see anyone on TV screaming blue murder.

It galls me that this happened at all but tbh I would love to see it happen to a judge.

Steyr

Im not a Garda, ( Army reserve/civvy ) but this is shocking, life should mean life, 23.5hrs lockdown, half an hour for recreation thats all, no bail whatsoever until the day you die. Is it just a fact that this is not getting through to Judges minds about how modern Ireland is today?

Hagar

What sentence would he have received for biting a judge in the face?
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?
?
?
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That is the sentence he should have received.

deadwood

Hagar wrote: »

What sentence would he have received for biting a judge in the face?

THROW AWAY THE KEY!

source

Hagar wrote: »

That is the sentence he should have received.

If the offences had been dealt with consecutively, he would be doing at the maximum sentence 39 years, that's a bit different to 2.5 years with his concurrent sentence.

AlekSmart

Ah typical knee-jerk reaction...flogging will be next I suppose ?

And everybody convienently forgets the "SERIES OF STRICT CONDITIONS" imposed upon this gentleman which are probably very restrictive too

Relevant

AlekSmart wrote: »

Ah typical knee-jerk reaction...flogging will be next I suppose ?

And everybody convienently forgets the "SERIES OF STRICT CONDITIONS" imposed upon this gentleman which are probably very restrictive too

So out of interest what sentence do you think a convicted criminal should get for
1. Attacking and biting a garda on the arm
2. Attacking 2 Gardai with knives
3. Biting a Garda Inspector in the face whilst in a district court
4. Contempt of court??? - Don't know if he could be done for this
5. Public order offences arising from attack in court? - or this

TheNog

Relevant wrote: »

So out of interest what sentence do you think a convicted criminal should get for
1. Attacking and biting a garda on the arm
2. Attacking 2 Gardai with knives
3. Biting a Garda Inspector in the face whilst in a district court
4. Contempt of court??? - Don't know if he could be done for this
5. Public order offences arising from attack in court? - or this

There is three counts of Assault Causing Harm with a maximum of 5 years each. For me at least 10 yrs.

Tbh thinking about the last assault on the Cig in court kinda demonstrates a mental illness but we cant be sure.

old boy

it makes a case for the judicial system to be answerable to some state body, +there should be mandatory sentences for all crimes.

TheNog

There is no link so I am typing out the article taken from the Anglo-Celt pulished on the 15th January 2009 -

Suspending sentences is "nonsense" says Judge

This area's District Court Judge Sean McBride, has voiced his dissatisfaction with his Circuit Court colleague, Judge John O'Hagan, for suspending sentences that he has imposed on defendants who drive while disqualified, describing such appeals as "nonsense".
"I dont share the same view as the circuit court judge. If persons are not sent to prison for driving while disqualified, there is anarchy", commented Judge McBride at Monday's sitting of Ballyconnell and Swanlinbar Court, when a case came before him of a Polish defendant who drove on three separate occasions while disqualified.
"I dont care what Judge O'Hagan does, I dont care what I do, I have my conscience and he has his", said the judge as he gave the defendant a custodial sentence.
" I am not going to be deterred from doing my job", continued the judge.
"A soft rap on the knuckles is not justice. If people are appealing and getting off, its nonsense". THe judge expressed particular annoyance with a case of a man whose disqualification was reduced from ten years, as ordered in the district court, to one year, by Judge O'Hagan. Judge McBride pointed out that repeat offenders are subject to certain mandatory disqualifications and asked that someone point out to the circuit court judge that he should work within the law. The district court judge said he was "aghast" to read of the case in papers and had checked the details to ind that it had been reported correctly".

Now that's refreshing, fair play to Judge McBride for using common sense.

GavRedKing

For somebody to go out with a knife and the obvious intent to cause serious harm to somebody in this case a garda is just a joke. Add to this he bites an inspector in full view of a court and gets away with it only getting this kind of sentence? It makes me wonder in this day in age we are taking a soft approach with dealing with criminals who are dangerous to everybody.

Sooner or later Ireland has to wake up and get tough with criminals and become more stern in dealing withthem and giving their crimes the fitting sentences.

Eru

Its hardly new, in fact one may suggest that a sentence being served if a good result in Ireland considering how many walk out of court with a suspended sentence (which in turn is not enacted when he is again arrested)

I also remember a certain someone talking about minimum sentences for attacking es staff. Clearly the judge doesnt consider Gardai as emergency services.

Whats more annoying is that a request to bring the prisoner to court cuffed would have been denied and as McBride points out, when judges get tough the appeal kicks in. Whats so nice about his comments is that its not just Gardai and the public that are getting fed up with this lenient treatment.

Perhaps if judges were answerable for people that reoffend on bail or during suspended sentences we would get less re-offending?