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Bail for kidnap?

Comments

  • #2
    [Deleted User]
    Posts: 16,720 ✭✭✭✭ [Deleted User]


    Well given we don't know the particulars of why he was given bail, I don't have a problem with it no.


  • #3
    squod
    Closed Accounts Posts: 8,704 ✭✭✭squod


    What do people have to do to get jailed now? Absolutely crazy decision IMO.


  • #4
    bonerm
    Closed Accounts Posts: 8,595 ✭✭✭bonerm


    squod wrote: »
    What do people have to do to get jailed now?

    It's basically just a last resort for serious crimes such as not paying your tv licence.


  • #5
    Wertz
    Closed Accounts Posts: 11,909 ✭✭✭✭Wertz


    AFAIK he hasn't been charged with any kidnapping offence (yet), just been charged with stealing the car. Bail on that charge alone is granted in every district court on the island every week.


  • #6
    biko
    Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    Afaik - bail doesn't mean he is let off, it means he isn't considered a risk to flee the country while the DPP builds a case.


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  • #7
    up for anything
    Registered Users, Registered Users 2 Posts: 5,779 ✭✭✭up for anything


    Someone I know of left her child in the car (which was running), in Ballybeg in Waterford,while she went in to her sister's house. A young chap of 17 saw his opportunity and jumped in and it was only when he looked in the mirror saw the toddler and nearly lost his life, started babbling to the child that he hadn't known she was in the car and stopped and jumped out and ran for his life. I felt more sympathy for him than the mother. Imagine a bit of joyride ride turning into baby kidnapping. I would say his heart stopped. The mother should have been done for gross negligence and major stupidity.


  • #8
    baalthor
    Registered Users, Registered Users 2 Posts: 1,241 ✭✭✭baalthor


    squod wrote: »
    http://clareherald.com/news/2976-man-arrested-after-tipperary-carjacking.html?lang=

    61 year old man steals car and four month old baby, takes off on a 30km drive across Tipperary. Judge grants him bail. Anyone see anything wrong with this?

    Bail is there to make sure the accused turns up for the trial where their guilt or innocence are determined.


  • #9
    phasers
    Registered Users, Registered Users 2 Posts: 18,159 ✭✭✭✭phasers


    Why was the baby in the car alone? :confused:


  • #10
    mikemac
    Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    This judge will decide if the 61 year old man is a flight risk
    It's been decided he isn't

    The fact that he is guilty of some offense isn't the deciding factor


  • #11
    ILA
    Closed Accounts Posts: 542 ✭✭✭ILA


    If the Judge believes the man is no threat in terms of fleeing the jurisdiction, then he can be released on bail subject to certain conditions. The Gardai/DPP generally have an influence on it as well, so they mustn't have objected to it.

    While he remains on bail, and under a level of observation, the State (the DPP or Gardai acting on his behalf) will build their case.

    If you want to dismantle 900 years of Common Law structure which allows discretion then be my guest, but you'll have to replace it with 200 years of rigid Civil Law.


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  • #12
    YumDeiseMum
    Registered Users, Registered Users 2 Posts: 467 ✭✭YumDeiseMum


    phasers wrote: »
    Why was the baby in the car alone? :confused:

    this is the 1st question i asked myself when I heard this story!

    who in their right mind leaves a child unattended in a car, never mind a 4 month old baby :mad:


  • #13
    squod
    Closed Accounts Posts: 8,704 ✭✭✭squod


    33 murders committed by suspects out on bail
    http://www.tribune.ie/news/article/2010/sep/12/33-murders-committed-by-suspects-out-on-bail/

    Let's face it if it was your child would you want some baby stealing looper out on bail hours after the crime? Fecks sake, why would you not keep him locked up and at least until properly assessed.


  • #14
    ILA
    Closed Accounts Posts: 542 ✭✭✭ILA


    YumDeiseMum wrote: »
    this is the 1st question i asked myself when I heard this story!

    who in their right mind leaves a child unattended in a car, never mind a 4 month old baby :mad:
    It was the father. He stopped in Newport to get something in a newsagent, left the car running outside the shop with the child in the backseat. It's a quiet village where you wouldn't really expect it but admittedly I suppose he was naive in this day and age.


  • #15
    El Weirdo
    Registered Users, Registered Users 2 Posts: 11,647 ✭✭✭✭El Weirdo


    squod wrote: »
    What do people have to do to get jailed now?
    Well maybe go through a trial for a kick-off.


  • #16
    Jev/N
    Registered Users, Registered Users 2 Posts: 3,456 ✭✭✭Jev/N


    Bail is a very high threshold as you're effectively pre-judging the case if you refuse bail. It also goes against the presumption of innocence somewhat.

    The judge will have to be satisfied that the accused will either flee the country, interfere with witnesses or be likely to commit a serious crime to refuse bail, with other factors taken into account also.


  • #17
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Bail is decided on the merits of the case - obviously the Judge and the Garda decided that he was not a flight or re-offending risk.


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