Justice

ismiseanfear

A father rapes his 3 year old daughter and is sentenced to 12 years prison.He appeals because he feels the sentence is too severe.Just to refresh,this excuse for a father raped his 3 year old daughter.The most intelligent brain in this country agreed the sentence was too severe and reduced it to 8 years.All I can say,without wanting to assault this learned gentleman,is it is no wonder my beloved country is in the state it is today.I am sure there are some defenders of this judgement waiting to disagree with my opinion.

Trojan911

ismiseanfear wrote: »

I am sure there are some defenders of this judgement waiting to disagree with my opinion.

No, He should have been shot with a .22 pistol from the ankles up every two hours until dead. But that wouldn't be "justice", would it?

Now, I am sure there are some defenders of this judgement waiting to disagree with my opinion...

Reloc8

You'll have to provide a reference for the case - even some newspaper reports - to have any sort of informed debate about this.

Trojan911

Think the OP is referring to this case...

wrote:

irishtimes.com - Last Updated: Friday, December 4, 2009, 16:51Child rapist has sentence reduced
The Court of Criminal Appeal has reduced from 12 to eight years the prison sentence imposed on a man for the rape of his daughter.

The three judge court ruled the man (32) was entitled to a reduction in sentence on grounds the sentencing judge had not fully taken into account his early admissions of guilt.

The man was sentenced by Mr Justice Barry White at the Central Criminal Court in 2008 to 15 years imprisonment, with the final three years suspended, after he admitted two counts of oral rape of his then three-year-old daughter in March-April 2005.

Moving the man’s appeal against severity of sentence today, Patrick Gageby SC said the trial judge erred by imposing a sentence that was unduly severe given the various mitigating circumstances, including the man’s early plea of guilty.

This was a serious crime and his client made admissions at an early stage without which there could never have been a prosecution, counsel said. His client had no previous convictions, was hard working and had shown genuine remorse for his actions.

Opposing the appeal, Rosario Boyle SC, for the DPP, argued there was no error and that the sentence should stand.

The CCA, with Mr Justice Joseph Finnegan presiding and sitting with Mr Justice Declan Budd and Mr Justice Liam McKechnie, held there was an error in the original sentence in that, when the mitigating factors were taken into account, the sentencing judge’s starting point of 15 years was too high.

The CCA said it would quash the 12 year sentence and would substitute it for one of 10 years with the final two years suspended.

Mr Justice Finnegan said this was “a most serious crime” and the court had taken into account the effect the offences had on the young child.

However, the court also noted the man admitted his guilt at an early stage, despite an initial denial, so that his daughter would be able to get counselling for what was done to her. It was also accepted, without his admissions, there could have been no prosecution against him.

Source

Farcear

ismiseanfear wrote: »

A father rapes his 3 year old daughter and is sentenced to 12 years prison.He appeals because he feels the sentence is too severe.Just to refresh,this excuse for a father raped his 3 year old daughter.The most intelligent brain in this country agreed the sentence was too severe and reduced it to 8 years.All I can say,without wanting to assault this learned gentleman,is it is no wonder my beloved country is in the state it is today.I am sure there are some defenders of this judgement waiting to disagree with my opinion.

You obviously feel that 8 years isn't justice but did you agree with the original sentence?

It was also accepted, without his admissions, there could have been no prosecution against him.

The legal system has to encourage truth and honesty or would you give the same sentence to any offender, whether the admit guilt or not?

Reloc8

Re cases like this there are in my experience two kinds of people - those who would throw away the key and those who wouldn't. For people in the former category no sentence short of effective life is sufficient. For people in the latter they are inclined towards the view that the Judge or Judges hearing or on appeal reviewing the evidence in the case is likely to come up with the most appropriate sentence for the offender in question (I say likely not certain).

For the avoidance of doubt I am not expressing a view as to which group is correct just making an observation.

enry

isnt this country a sad f88kin place.