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Questions in regards to Confession and Police use of stolen Properties.

  • 14-09-2011 11:09am
    #1
    Closed Accounts Posts: 3


    I am trying to gather information for a novel and have found googling Irish law rather unhelpful, but I did find this forum. :) So first the punishment faced would be in relation to two murders. One the accident killing of a housewife while robbing her home, should be found as manslaughter, but curious how breaking and entering the home would impact this. The second would be aiding and abetting a murder in cold blood, by disposing of the body. Now if during the burglary evidence of crimes was taken, how would this evidence and a testimony from the suspect with a confession and a guilty plea, affect the aforementioned charges. and Would the evidence if strong and showing actions that are very illegal be admissible in court? Im looking for the first guy to do 12-15 years. the second guy is involved in prostitution and human trafficking of minors and of women into slavery in the sex trade and If he was a massively involved and incriminated by the above of evidence on all counts what kind of sentence would he face? Thanks for any information even if Incomplete anything at all is appreciated thanks again.


Comments

  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    You're post is a little confusing. Are you saying that some of the stuff taken in the burglary incriminated the owner of the house in a separate crime?


  • Closed Accounts Posts: 3 Crogalosh


    Seanbeag1 wrote: »
    You're post is a little confusing. Are you saying that some of the stuff taken in the burglary incriminated the owner of the house in a separate crime?

    Apologies for that. yes that is exactly what I'm saying, but the thief has committed crimes. I was asking is stolen property admissible evidence in court and would the thief confessing and providing that evidence get help in regard to his own sentence? Other question was what would be a sentence for manslaughter while breaking and entering for the thief, with aiding and abetting a murder in cold blood by disposing of a body? then last was what would be the sentence and charge for human trafficking minors and women into Europe and Ireland for the sex trade, but as slave labor?


  • Registered Users, Registered Users 2 Posts: 78,648 ✭✭✭✭Victor


    Remorse, compensation, otherwise good character, a confession, guilty plea and cooperating with the authorities will normally be looked on favourably by the court. Obstruction, intimidation of witnesses, etc. will usually be treated somewhat harshly.


    If in committing a serious crime (burglary), you commit an even more serious one (killing someone), you may be charged with murder. Murder carries a life sentence. Depending on the level of intent (was the burglary premeditated), cooperation and remission for good behaviour in prison, a person might serve 10 years, maybe more, maybe less.

    That the deceased possessed stolen property is not a mitigating matter for the person that killed them.


    Disposing of a body - I'm not sure what the exact charges would be, but there are separate charges for destroying evidence and the improper disposal of a body.


    http://www.oireachtas.ie/viewdoc.asp?fn=/documents/bills28/acts/2008/a0808.pdf
    (5) A person guilty of an offence under this section shall be liable
    upon conviction on indictment—
    (a) to imprisonment for life or a lesser term, and
    (b) at the discretion of the court, to a fine.

    A child trafficker who also prostitutes the child and/or assaults the child and/or sexually assaults the child could be looking at a minimum of several life sentences and unlimited fines. The concept of "throwing the book" at someone would understate things.

    Someone who had a minor (but knowing) role in such matters and cooperated with the authorities would possibly still be looking at 10 years.


  • Closed Accounts Posts: 3 Crogalosh


    Victor wrote: »
    Remorse, compensation, otherwise good character, a confession, guilty plea and cooperating with the authorities will normally be looked on favourably by the court. Obstruction, intimidation of witnesses, etc. will usually be treated somewhat harshly.


    If in committing a serious crime (burglary), you commit an even more serious one (killing someone), you may be charged with murder. Murder carries a life sentence. Depending on the level of intent (was the burglary premeditated), cooperation and remission for good behaviour in prison, a person might serve 10 years, maybe more, maybe less.

    That the deceased possessed stolen property is not a mitigating matter for the person that killed them.


    Disposing of a body - I'm not sure what the exact charges would be, but there are separate charges for destroying evidence and the improper disposal of a body.


    http://www.oireachtas.ie/viewdoc.asp?fn=/documents/bills28/acts/2008/a0808.pdf

    A child trafficker who also prostitutes the child and/or assaults the child and/or sexually assaults the child could be looking at a minimum of several life sentences and unlimited fines. The concept of "throwing the book" at someone would understate things.

    Someone who had a minor (but knowing) role in such matters and cooperated with the authorities would possibly still be looking at 10 years.

    I thank you for such a full and clear answer, this is exactly what I needed and is wonderfully helpful thanks and very precise.:D


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