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Why are all sentences concurrent?

  • 24-07-2009 12:51pm
    #1
    Closed Accounts Posts: 174 ✭✭


    Why is it that you never see consequetive(excuse my spelling:o)especially when the crime is of a very serious nature.The lad that raped and murdered that foreign student in galway has got 3 life sentences but all are concurrent.

    Just curious about the legal side of it..

    Thanks


Comments

  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    From what I've been told before, where multiple charges are presented in a single court sitting, the judge will often impose concurrent sentences because all of the charges effectively relate to the same action. So you get convicted of all the charges, but the time you serve reflects the seriousness of the worst conviction. In the example you give, the murder would not have occured if the rape had not occured, so to treat them as two separate sentences seems a bit daft.
    That's my understanding of it anyway.


  • Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    My understanding is that the 3 life sentences against this individual are not in fact all concurrent. I further understand that the person concerned was sentenced today by Carney J in the Central Criminal Court to 2 life sentences for two counts of rape committed against a French student. As these two offences were more or less arising from the one incident it is likely that these two sentences are concurrent.

    However, a number of weeks ago the same individual was found guilty in a seperate trial and convicted of the murder of a Swiss student and sentenced to life imprisonment. Again it is my understanding that this life sentence will run consequetively to the sentences received today, meaning that he will serve one life sentence and at the end of which he will serve the other life sentence. In effect he will serve two life sentences rather than three.


  • Closed Accounts Posts: 174 ✭✭NilByMouth


    Ah I understand now thanks for the explanation.As regarding that chap in galway I thought all the crimes had been carried out on the same victim and not 2 different people,

    Thanks


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    dats_right wrote: »
    My understanding is that the 3 life sentences against this individual are not in fact all concurrent. I further understand that the person concerned was sentenced today by Carney J in the Central Criminal Court to 2 life sentences for two counts of rape committed against a French student. As these two offences were more or less arising from the one incident it is likely that these two sentences are concurrent.

    However, a number of weeks ago the same individual was found guilty in a seperate trial and convicted of the murder of a Swiss student and sentenced to life imprisonment. Again it is my understanding that this life sentence will run consequetively to the sentences received today, meaning that he will serve one life sentence and at the end of which he will serve the other life sentence. In effect he will serve two life sentences rather than three.
    How do they decide when one life sentance is up?


  • Registered Users, Registered Users 2 Posts: 2,789 ✭✭✭slavetothegrind


    Interesting.

    It is incredible also that the commuting of sentances for good behaviour is in fact an automatic process, not earned or based on behaviour.

    In an ideal world surely 8 years as instructed by the judge should be just that with any reduction only considered in the latter half of the sentance.

    It would seem to me that you might aswell not co-operate or behave as it makes no difference to your release date?

    Also if i am in the armed robbery or assasination buisness once i have done one i may aswell do 10 more before i am caught as the punishment is the same for one or ten?

    So frustrating that noone will honestly say that the reason bail is doled out to rapists and killers is because we have no prison space and no intention of providing more.

    Some radical thinking is needed on the whole incarceration and rehabilitation side of things.

    Can we not devise a prison work scheme that earns money and aids in rehabilitation of prisoners. Maybe recycling plant?

    Some criminals though are just beyond help and need to be kept away from the rest of us for good. Too bad the state will not accept this untill a number of lives are ruined first.

    OOOPs! this isn't ranting and raving?............:o


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  • Registered Users, Registered Users 2 Posts: 1,571 ✭✭✭herya


    I've read somewhere recently that a serial rapist got several concurrent 18 years sentences, one for each rape. He served 18 years (or less) and got out.

    So for this rapist (and for the society) it doesn't make any difference if he raped one woman or 10, the consequences are the same.

    Where's the logic, I can't see it?


  • Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    It is incredible also that the commuting of sentances for good behaviour is in fact an automatic process, not earned or based on behaviour.
    The flip side is if they misbehave, they start to loose remission.

    So rather than having a new court case everytime they misbehave, its easier to administratively remove remission.


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